Professional Documents
Culture Documents
COMMERCIAL
VOLUME IA OF V
GSPL/TS/110/001
Padamla Godhara Pipe Line Project
Gujarat State Petronet Ltd Rev 0
COMMERCIAL PART- 1A
TABLE OF CONTENTS
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GSPL/TS/110/001
Padamla Godhara Pipe Line Project
Gujarat State Petronet Ltd Rev 0
Acronyms
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Gujarat State Petronet Ltd SECTION – I (IFB) Rev 0
Section I
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DISCLAIMER
3. The purpose of this Bidding Document is to provide the Bidders with basic
and preliminary information to assist them in the preparation of their Bids for
undertaking the Project (defined hereinafter) but it is not intended to form
the basis of any decision on part of the Bidder(s) to proceed with the Project.
5. While this Bidding Document has been prepared in good faith, neither the
Owner nor its consultants, officers or employees make any representation or
warranty or shall have any responsibility or liability whatsoever in respect of
any statements or omissions here from. Any liability is accordingly expressly
disclaimed by the Owner, its consultants, respective officers, agents and
employees even if any loss or damage is caused by any act or omission on
the part of the Owner, its consultants, officers, agents or employees, whether
negligent or otherwise.
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7. Each Bidder agrees, understands and accepts that the information contained
in this Bidding Document is subject to change without notice. Further, in no
event, may it be assumed that there shall be no deviation or change in any of
the information mentioned herein. The Owner, at its own discretion, without
any obligation to do so, may, update, amend or supplement any information
contained in this Bidding Document, including the evaluation methodology, at
any time prior to the submission of the Bids.
8. Each Bidder unconditionally agrees, understands and accepts that the Owner
reserves the right to accept or reject any or all Bids without giving any reason.
Neither the Owner nor its employees or advisers shall entertain any claim of
any nature, whatsoever, including without limitation, any claim seeking
expenses in relation to the preparation of Bids.
9. This Bidding Document has not been filed, registered or approved in any
jurisdiction. Recipients of this Bidding Document resident in jurisdictions
outside India should inform themselves of, and observe any applicable legal
requirements.
10. Bidders are advised to note that the Owner reserves the right, at any point in
time, for any reason, in its sole discretion, to amend, change, modify,
advance, delay or otherwise cease this bidding process.
11. The Owner is not bound to accept any or all the offers. The Owner reserves
the right to reject any or all the offers without assigning any reason. The
Owner further reserves the right to negotiate with any or all bidders in relation
to their offers. No Bidder shall have any cause of action or claim against the
Owner or its officers, employees, consultants, agents, successors or
assignees for rejection of its offer.
12. All Bids, including any and all supporting documents submitted therewith,
pursuant to this Bidding Document, once submitted, shall become the
property of the Owner. Provided however, any intellectual property rights
existing in the information contained in such Bid will remain the property of
the Bidder (or other persons, as appropriate) submitting that Bid. Provided
further that the Bidder shall have deemed to have licensed and authorised the
Owner, its officers, employees, advisers, consultants and agents to copy,
adapt, disclose or to use, as the Owner may deem fit, all information and
material contained in the Bid for the purposes of the Bid Process including,
without limitation, evaluation of the Bids.
For abundant caution it is hereby expressly clarified that the Owner and/or its
employees, officers, consultants, advisers or other representative may make
such copies of the Bids as they, in their sole discretion, may require.
13. Any extension of time to be granted to any Bidder for submission of its Bid
shall be at the sole discretion of the Owner. Each Bidder should satisfy itself
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that the Bidding Documents are complete in all respects. In the event that the
Bidding Document or any part thereof is mutilated or missing, the Bidder shall
notify the Owner immediately at the following address:
In the event such written notice is not received at the aforementioned office
within 15 days from the date of issue of the Bid Documents to the Bidder, the
Bid Documents received by the Bidder shall be deemed to be complete in all
respects.
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Section II
ISTRUCTION TO BIDDERS
(ITB)
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CONTENTS (ITB)
1.OWNER AND PROJECT 13
2. ELIGIBLE BIDDERS AND CONFLICT OF INTEREST 13
3. ELIGIBLE PLANT, EQUIPMENT AND SERVICES 14
4. COST OF BIDDING 14
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30. OWNER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL
BIDS 44
31. NOTIFICATION OF AWARD 45
32. SIGNING THE CONTRACT AGREEMENT 45
33. PERFORMANCE SECURITY 45
34. ADJUDICATOR 46
35. CORRUPT OR FRAUDULENT PRACTICES 46
36. GOVERNING LAW 46
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1.1 The Owner, Gujarat State Petronet Limited (GSPL), with its registered
office in Gandhinagar, Gujarat, seeks to implement the Project for laying
gas transmission pipeline between Padamla (Baroda) to Godhara as per
details provided in this Bid Document.
1.2 The Contract relates to construction of certain facilities by carrying out the
following specific work scopes :
• Supply of Equipment from within India
• Installation and construction services
• Onshore services
• Supply of mandatory spares from within India
as fully described in separate Annexure as “Scope of Work”
2.0 Eligible Bidders and conflict of interest
2.1 This Invitation for Bids, issued by the Owner is open to the invited parties
only subject to their fulfilling the threshold minimum eligibility criterion
specified in the pre-qualification procedure.
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3.1 For the purposes of these bidding documents, the words “facilities,” “plant
and equipment,” “installation and construction services,” etc., shall be
construed in accordance with the respective definitions given to them in the
General Conditions of Contract, Special Conditions of Contract and the
Technical Specifications and shall mean the entire pipeline system from
Padamla (Baroda) to Halol (Godhara) so defined in this bid document
and all associated works and services.
3.2 All plant and equipment to be supplied and installed and services carried
out under the contract shall conform to technical standards and
specifications specified herein in the Bid Documents and shall be new and
unused and designed for an operating life of 40 (forty) years.
4.1 The Bidder shall bear all costs associated with the preparation and
submission of its bid, including costs & expenses related to site visit and
the Owner will in no case be responsible or liable for these costs,
regardless of the conduct or outcome of the bidding process.
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5.2 The Bidder is expected to examine all instructions, forms, terms, specifications
and other information in the bidding documents. Failure to furnish all
information required by the bidding documents or submission of a bid not
substantially responsive to the bidding documents in every respect will be at
the Bidder’s risk and may result in rejection of its bid.
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6.1 A prospective Bidder requiring any clarification of the bidding documents may
notify the Owner in writing or by fax at the Owner’s mailing address indicated in
the Bid Data Sheet. Similarly, if a Bidder feels that any important provision in
the documents, such as those listed in ITB Sub-Clause 22.5, will be
unacceptable, such an issue should be raised at this stage. The Owner shall
consider the issue and accept or reject it at its sole discretion. The Owner will
respond in writing to any request for clarification or modification of the bidding
documents that it receives no later than four (4) days prior to the date for pre-
bid meeting specified by the Owner. Written copies of the Owner’s response
will be sent to all prospective bidders who have received the bidding
documents.
6.2 Adequacies of the information provided in the bid are indicative and are for
general guidance only. The Bidder is advised to visit and examine the site and
routes where the facilities are to be installed and its surroundings and obtain
for itself on its own responsibility all information that may be necessary for
preparing the bid and entering into a contract for supply and installation of the
facilities. The costs of visiting the site shall be at the Bidder’s own expense.
6.3 The Bidder and any of its personnel or agents will be granted permission by
the Owner to enter upon its premises and lands for the purpose of such
inspection [to the extent such rights are available to the Owner], but only upon
the express condition that the Bidder, its personnel and agents will release and
indemnify the Owner and its personnel and agents from and against all liability
in respect thereof and will be responsible for death or personal injury, loss of or
damage to property and any other loss, damage, costs and expenses incurred
as a result of the inspection.
6.4 The Bidder’s designated representative [duly authorized through a Power of
Attorney in this regard] is invited to attend a pre-bid meeting, which, if
convened, will take place at the venue and time stipulated in the Bid Data
Sheet. The purpose of the meeting will be to clarify issues and to answer
questions on any matter that may be raised at that stage. The Bidder is
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7.1 Notwithstanding anything to the contrary, the Owner hereby reserves the right
to, at any time prior to the deadline for submission of bids, the Owner may, for
any reason, whether at its own initiative, or in response to a clarification
requested by a prospective Bidder, modify or in any way amend, whether the
whole or any part of the bidding documents. Such amendments shall form part
of the bidding document.
7.2 These amendments to the bid documents, if required, may be carried out at
the following stages – During Bidders’ meeting for clarifications, after
submission of bid but before opening of Technical bid, after opening the
technical bid and short listing of Bidders but before the Price bid submission.
7.3 The amendment will be notified in writing or by cable or Electronic Data
interface (EDI) to all prospective bidders that have received the bidding
documents and shall be binding on them. Bidders are required to immediately
acknowledge receipt of any such amendment, and it will be assumed that the
Bidder in its bid will have taken the information contained therein into account.
The Bidders late or non receipt of any amendment and/or modification or
failure to acknowledge the receipt of any amendment and/or modification shall
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not relieve the Bidder from being bound by such amendment and/or
modification.
7.4 In order to afford prospective Bidders reasonable time in which to take the
amendment into account in preparing their bid, the Owner may, at its
discretion, extend the deadline for the submission of bids, in which case, the
Owner will notify all bidders in writing of the extended deadline.
C. Preparation of Bids
9.3 Each Bidder shall submit with its bid the following attachments:
(a) Attachment 1: Bid Security
A bid security furnished in accordance with ITB Clause 13.
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bid is binding upon the Bidder during the full period of its validity in accordance
with ITB Clause 14. Any persons attending the pre-bid meeting, signing the
Minutes of Meeting, and negotiating with the Owner shall also be authorized
through a Power of Attorney in this regard.
(i) The bid shall include all the information required for Attachment 3 as described
above for each joint venture or consortium partner.
Consortium partner must jointly fulfill the minimum eligibility criteria as detailed
in the Bidding Documents. Each of the consortium partners must fulfill the
financial criteria as Detailed in the Bid Documents.
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The Original and all copies of the bids (Technical & Priced Bid) shall be typed
or written in indelible ink and shall be signed by the Bidder or a person or
persons duly authorized to sign on behalf of the Bidder. Such authorization
shall be written power of attorney accompanying the bid. All pages of the bid
except any catalogues/ literatures shall be initiated by the person/ persons
signing the bid and also sealed by the Bidder on each page.
(ii) The bid shall be signed by or on behalf of all participating joint venture partners
so as to be legally binding on all partners jointly and severally.
(iii) One of the partners responsible for performing a key component of the
construction contract shall be designated by the other members of the
consortium as the leader of the consortium (“Consortium Leader”) with the
power to act for and bind each Member of the consortium; this authorization
shall be evidenced by submitting with the bid a power of attorney signed by
legally authorized signatures of all partners, whereby the Consortium Leader
shall be authorised to sign and submit the Bid, incur liabilities and conduct
correspondence which shall be binding on all consortium partners.
(iv) The Consortium leader shall be authorized to incur liabilities and receive
instructions for and on behalf of any and all partners of the joint venture or
consortium, and the entire execution of the contract, excluding payment, shall
be done exclusively with the Consortium leader.
(v) Each and every Consortium Member of the selected Bidder shall be jointly and
severally liable for the execution of the Scope of Work (including but not limited
to onshore supply, onshore service and installation and construction) and shall
work on a co-ordinated seamless and turnkey basis.
(vi) A certified copy of the duly executed agreement entered into by the joint venture
or consortium partners shall be submitted with the bid. The agreement
between the joint venture or consortium partners shall not expire during the bid
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(vii) A duly signed and stamped copy of the entire bid document shall be submitted
along with the technical bid (with no price in the Price Schedules) as a token of
acceptance of the provisions of the bid document .
In order for a joint venture or consortium to qualify, a combination of the
partners must meet the minimum eligibility criteria. Failure to comply with this
requirement will result in rejection of the joint venture or consortium’s bid.
A firm can be a partner in only one joint venture or consortium; bids submitted
by joint ventures or consortia including the same firm as partner will be
rejected.
In the case of a Bidder who offers to supply and/or install plant and equipment
under the contract that the Bidder did not manufacture or otherwise produce
and/or install, the Bidder shall (i) have the financial and other capabilities
necessary to perform the contract; (ii) have been duly authorized by the
manufacturer or producer of the related plant and equipment or component to
supply and/or install that item in the Owner’s country; and (iii) be responsible
for ensuring that the manufacturer or producer complies with the requirements
of ITB Sub-Clause 2.1 and is found to conform to the technical standards and
specifications.
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The Bidder shall include in its bid details of all major items of supply or
services for Major and Minor Items (as defined in this Bid Document) in that it
proposes to purchase or sublet, and shall give details of the name and
nationality of the proposed Subcontractor, including vendors, for each of those
items. Bidders are free to list more than one Subcontractor against each item
of the facilities. Quoted rates and prices shall be deemed to apply to whichever
Subcontractor is appointed, and no adjustment of the rates and prices will be
permitted.
The Bidder shall be responsible for ensuring that any Subcontractor proposed
complies with the requirements of ITB Sub-Clause 2.1, and that any plant,
equipment or services to be provided by the Subcontractor comply with the
requirements of ITB Clause 3 and ITB Sub-Clause 9.3 (c).
The Owner shall specify an indicative list of suppliers/ service providers for the
following items (the “Major Items”) as an Annexure to this Bid Document:
Line Pipes
Ball Valves
Metering and filtration skid
Telecomm
Station Pipes
Panels
HDD
SL&R
CP Work
Insulation Joint
OFC
Flow Tee
Launcher & Receiver
Electrical / Instrumentation
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The Owner reserves the right to delete any proposed Subcontractor from the
list prior to award of contract, and after discussion between the Owner and the
Contractor, the corresponding Appendix to the form of Contract Agreement
shall be completed, listing the approved Subcontractors for each item
concerned. The bidder shall, if the Owner rejects a supplier / subcontractor for
a major item during the Technical Bid evaluation stage for failing to meet the
technical specifications and standards, replace such supplier / subcontractor
without any right to revise the Price Bid and with no additional costs to Owner.
(g) Attachment 7
(h) Attachment 8
The bidder shall submit HSE agreement (as per agreement document
enclosed in the tender) duly signed by the authorised person.
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(c) Installation and Construction Services” means all such services necessary for
construction of the Facility using the Plant and Equipment and including
without limitations engineering design, fabrication, construction, installation,
civil, building and other construction works , completion of the facilities,
testing, pre-commissioning and commissioning of the facilities, inspection,
site preparation works {including the provision and use of Contractor’s
Equipment and the supply of all construction materials required such as
consumables, wielding electrodes, joint coating materials, end-sleeves,
casing pipes, markers, Cathodic protection system ( TCP/PCP) etc},
operations, maintenance, the provision of operations and maintenance
manuals, training, etc
11.3 The Grand Summary (Schedule 4) shall be one Lump sum amount in Indian
Rupees, as applicable (inclusive of all taxes, duties, levies, cess applicable
thereon, and applicable insurance to the extent specified as the responsibility
of the Contractor) for executing the works as described in the Bid Document
broken up into the Scheduled indicated in the Price Schedules (including
Mandatory Spares).
11.4 Bidders shall compute the lump sum prices as follows considering the
following principles:
(a) Plant and Equipment, including all spares, manufactured or fabricated within
India (Schedule 1A and 3) shall be on EXW (ex-factory, ex-works, ex-
warehouse or off-the-shelf, as applicable) price basis.
(b) Onshore Services and Installation and Construction at Site (Schedules IB
and 2) shall be quoted separately.
(c) In relation to (b) above, the price shall include rates or prices for all
construction material, permanent or temporary labour, contractor’s
equipment, temporary works, all materials and supplies, consumables and
all matters and things of whatsoever nature, including operations and
maintenance services, the provision of operations and maintenance
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(d) While indicating the bid price for all of the above, the following points must
be factored:
• Bid prices for each of the above activities will be inclusive of all taxes, duties,
levies and charges payable in India whether under Central, State or Local laws
applicable in India as well as those leviable outside India
• All indirect taxes leviable on the transaction between the Bidder and the Owner
shall be separately indicated while arriving at the Bid price. In addition the rate
of tax so applied in computing the aforementioned taxes must also be
specifically indicated.
• It must be clearly understood that the bid price comprise of the base value and
the taxes thereon and such taxes must be clearly quantified as per format
referred to above
• Where the Bidder is not the manufacturer of the Plant, Equipment and spares
Supplied from within India and is instead a first stage/second stage dealer, it
must also mention the Ex-factory value of such Plant Equipment and spares
being supplied and the Excise duty thereon, at which it had procured the said
goods for supply to the Owner
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(f) Price for Mandatory Spares (included in 3) shall remain valid for 365
days from the day of project commissioning. List of Mandatory spares is
as indicated elsewhere in the bid document. List of Construction, pre-
commissioning, commissioning spares and operation run spares are to
be indicated by the bidder.
(g) Grand Summary (Schedule 4) shall be the sum of lump sum prices
quoted under Schedules 1 to 3.
11.5 The Bidder shall issue proper invoice as stipulated under the excise, sales
tax, value added tax and service tax legislations to enable the Owner to avail
the credit of such taxes, wherever applicable, paid by the Bidder. However, if
Owner is not able to avail the credit due to issuance of defective invoice by
Bidder, or issuance of invoice not capturing the requirement necessary to
enable Owner to claim tax credit then Bidder shall immediately indemnify
Owner for such loss of tax credit, which would be otherwise available to
Owner. Owner will in its sole discretion decide to recover such loss by way of
deduction from payment due to the supplier or invoking the Performance
Bank Guarantee. In general, the following documents, inter alia, must be
issued by the successful Bidder:
• For bidders who are manufacturers, CENVATable invoice issued by the
manufacturer
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• In case of bidder who are not manufactures and are first stage
dealers/second stage dealers: invoice issued by such first stage/second
stage dealers.
• In case of a domestic bill to ship to arrangement, CENVATable invoice
issued by the manufacturer mentioning Owners name as consignee
• In case of in-country services, a service tax invoice raised on Owner
11.6 The Owner would deduct taxes at source as per the laws applicable in India
with the central level or the State level.
11.7 In the event of any Change in Law (as defined in Clause 1 of the GCC),
which results in increased cost of supply under the contract through
increased liability of taxes and duties (other than income tax), the Bidder
shall be covered for any such increased cost by the Owner subject to the
production of documentary proof to the satisfaction of the Owner to the
extent which is attributable to such change or amendment as mentioned
above.
11.8 Such adjustment shall be limited to direct transactions between the Owner
and the Bidder and no amounts shall be payable on procurement of raw
materials, intermediary components etc. by the Bidder
11.9 Notwithstanding the restriction indicated in 11.8 above, it is clarified that the
Change in Law (as defined in Clause 1 of GCC), would however cover the
excise duty charged by a manufacturer to the Bidder, where such bidder is
not the manufacturer himself, provided the bidder has followed all necessary
procedures and documentation for enabling the Owner to claim credit of
such excise duty
11.10 In the event of a Change in Law (as defined in Clause 1 of the GCC), which
results in reduction in cost of supply under the contract through reduced
liability of taxes and duties (other than income tax), the Bidder shall pass on
the benefits to the Owner for any such reduced cost.. In such cases, the
restriction and exception to such restriction as indicated in Clause 11.8 and
11.9 would apply mutatis mutandis.
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11.11 In the event that bid is submitted by a consortium of two bidders, then the
scope of work and the corresponding bid price for their individual scopes of
work must be separately and clearly indicated. Further, separate invoices
would need to be raised for the various activities contemplated under this bid
by each of the consortium members. For the sake of abundant caution, it is
expressly clarified that notwithstanding the split in the Scope of Work and
price, the consortium members would be jointly and severally liable for the
execution of the entire Scope of Work in accordance with the bidding
document and shall work on a co-ordinated seamless and turnkey basis.
11.12 The terms EXW, C&F, CIF, CIP, etc., shall be governed by the rules
prescribed in the current edition of Incoterms, published by the International
er
Chamber of Commerce, 38 Cours Albert 1 , 75008 Paris, France.
11.13 Fixed Price : Prices quoted by the Bidder shall be fixed during the Bidder’s
performance of the contract and not subject to variation on any account,
EXCEPT FOR:
Variations arising due to quantity adjustments for any amendments to the
Scope of Work instructed by the Owner after approval of the drawings for
construction as per Bid Documents and Technical Specifications or for
circumstances indicated in the Bid Data Sheet following the methodology
indicated in the SCC and subject to variations that are required to be
absorbed by the bidder and subject to the limits under the relevant
provisions of the Bid Data Sheet in this regard.
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guarantee shall be in accordance with the form of bid security included in the
bidding documents. The bid security shall remain valid for a period sixty (60)
days beyond the original bid validity period, or beyond any extension
subsequently requested under ITB Sub-Clause 14.2.
13.3 Any bid not accompanied by an acceptable bid security in the prescribed
format shall be rejected by the Owner as being non-responsive, pursuant to
ITB Clause 22.5. The bid security of a joint venture or a consortium must be
in the name of all the partners in the joint venture or a consortium submitting
the bid.
13.4 The bid securities of unsuccessful bidders will be returned as promptly as
possible, upon award of the Contract to the successful Bidder.
13.5 The bid security of the successful Bidder will be returned when the Bidder has
signed the Contract Agreement, pursuant to ITB Clause 32, and has
furnished the required performance security, pursuant to ITB Clause 33.
13.6 The bid security may be forfeited:
(a) If the Bidder withdraws its bid during the period of bid validity specified by
the Bidder in the Bid Form, or modifies its bid in a manner other than as
prescribed in these Bidding Documents; or
(b) In the case of a successful Bidder, if the Bidder fails within the specified time
Limit,
(i) To sign the Contract Agreement, within the specified period, in accordance
with ITB Clause 32, or
(ii) To furnish the required performance security, in accordance with ITB Clause
33.
Notwithstanding anything to the contrary, the selected Bidder shall, upon
receiving the notification of the award, be required to extend the validity of
the Bid Security until the Contract is duly executed and the performance
security has been furnished by the successful Bidder to the Owner.
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2 to the Bid under ITB Sub-Clause 9.3. All pages of the bid submitted in hard-
copy format, except for un-amended printed literature, shall be initialled by the
person or persons signing the bid.
15.3 The bid shall contain no alterations, omissions or additions, unless such
corrections are initialled by the person or persons signing the bid.
15.4 The bidders shall attach to the bid the NO Deviations certificate and clearly
indicating its acceptance of all conditions of the bid document provided. No
changes shall be made on the bid document issued by the Owner in the CD.
15.5 The bidder shall submit two soft copies of their Techno Commercial Bids and
Price bid as write protected file(s), written on read only. (In addition to the hard
copies required.)
D. Submission of Bids
16.0 Sealing and Marking of Bids
16.1 The bids shall be submitted only in the name of the Bidder or a consortium led
by the bidder in whose name the Bidding Documents were issued by the
Owner. The original bidding documents as received by the bidder along-with
bidder's tender as prepared by the bidder in original and all other required
attachments as given in Clause 9.3, including without limitation, the power of
attorney of the signatory to the tender, descriptive literature and any other
information required to be furnished by the bidder pursuant to the bidding
document, shall be construed to constitute the Bid. The Bidder shall separately
seal the original and each copy of the Technical and Price Bid in separate
envelopes [for CDs being submitted in special protected CD envelopes], duly
marking the envelopes as “PRICE BID” and “TECHNICAL BID” or “ORIGINAL
BID” and “COPY NO. [Number]”.
16.2 The envelopes shall:
(a) Be addressed to the Owner at the address given in the Bid Data Sheet,
and
(b) Bear the contract name indicated in the Bid Data Sheet, the Invitation for
Bids title and number indicated in the Bid Data Sheet, and the statement
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“DO NOT OPEN BEFORE ______, 2007,” [The relevant date for bid
opening as notified to the bidders from time to time] to be completed
within the time and date specified in the Bid Data Sheet, pursuant to ITB
Sub-Clause 20.1. The bidders shall submit the sealed separate
envelopes of Technical and Price Bids at the same time. All the
documents should be properly formatted, indexed, filed and submitted in
bound folders.
16.3 Bidders desiring to effect hand delivery may arrange to submit completed
sealed Bids as described above, at the Owner's office in due time during office
hours not later than bid closing date and time. Bidders desiring to obtain a
receipt may deposit their bid with the addressee or his authorized
representative at the above address of the Owner and obtain such receipt
provided the tender is delivered to the Owner before the closing date and time
of the tender.
16.4 The second and third copies of " Technical Bids" should be submitted
separately on the same lines as described above and marked in Envelope
Nos.2 & 3 (Copies of Technical Bids) respectively.
16.5 All bidders shall note that if any price quotation is indicated in the envelope No.
1,. 2 or 3 submitted by them, the bid is liable to be rejected.
16.6 Owner will not be responsible for the loss of any Bid form or for the delay in
postal transit.
16.7 Bidders shall clearly indicate their legal constitution and the person signing the
Bid shall state his capacity and also the source of his authority to bind the
bidder. The proper power of attorney or authorization or any other document
constituting adequate proof of the authority of the signatory to bind the bidder,
shall be annexed to the tender. The Owner may reject outright any Bid not
supported by adequate proof of the signatory's authority, as may be decided in
the sole discretion of the Company.
16.8 The envelopes shall also indicate the name and address of the Bidder so that
the bid can be returned unopened in case it is declared “late.”
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16.9 If the envelopes are not sealed and marked as required by ITB Sub-Clause
16.2 above, the Owner will assume no responsibility for the bid’s misplacement
or premature opening. If the envelopes disclose the Bidder’s identity, the
Owner will not guarantee the anonymity of the bid submission, but this
disclosure will not constitute grounds for bid rejection.
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No bid may be withdrawn in the interval between the deadline for submission
of bids and the expiration of the period of bid validity specified by the bidder on
the bid form.
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(OMITTED)
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24.2 Only where alternative technical solutions have been permitted and offered in
Attachment 7 to the bid, the Owner will make a similar evaluation of the
alternatives, which will be treated in the technical and commercial evaluations
as if they were base bids. Where alternatives are not permitted, but have in
any event been offered, such alternatives are liable to be ignored and/or the
Owner reserves the right to reject such bid as non-responsive.
Price bids of only technically qualified bidders shall be opened.
(a) the extra cost of work, services, facilities, etc., required to be provided by
the Owner or third parties (if any indicated by the bidder). The estimated effect
of the price adjustment provisions of the Conditions of Contract (if any allowed)
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applied over the period of execution of the contract, shall not be taken into
account in the bid evaluation.
25.3 Pursuant to ITB Sub-Clause 25.1 and 25.2, the following evaluation methods
will be followed:
(a) Contractual and commercial deviations
Bids having any commercial and/or contractual deviation shall be rejected.
o the total quantum of indirect taxes which has been included in the price
schedule with respect to the supply chain directly between the bidder and the
Owner;
o the total quantum of indirect taxes which is available as input credit to the
Owner as per the price schedule proposed by the Bidder shall be reduced from
the bid price for bid evaluation
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25.4 Any adjustments in price that result from the above procedures shall be added,
for purposes of comparative evaluation only, to arrive at an “Evaluated Bid
Price.” Bid prices quoted by bidders shall remain unaltered.
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F. Award of Contract
28.0 Evaluation
28.1 The Owner will determine to its satisfaction whether all the Bidders having
submitted the bids are not otherwise disqualified from satisfactorily performing
the contract due to events arising subsequent to their pre-qualification. Any
material adverse change in the financial or legal status of the bidders (as per
reported audited accounts) subsequent to their pre-qualification shall be a
cause for disqualification of the bidders. Any other material adverse impact on
technical competence of the bidders based on reported events or
circumstances shall also be considered.
28.2 The determination will take into account the Bidder’s financial, technical and
production capabilities, in particular the Bidder’s contract work in hand, future
commitments and current litigation. It will be based upon an examination of the
documentary evidence of the Bidder AND its proposed SUBCONTRACTORS
qualifications submitted by the Bidder in Attachment 3 to the bid as well as
such other information as the Owner deems necessary and appropriate.
28.3 An affirmative determination will be a prerequisite for opening of the Price
Bids. A negative determination will result in rejection of the Bidder’s bid.
28.4 The capabilities of the sub-contractors and vendors proposed in Attachment 4
or 5 to the bid to be used by the lowest evaluated Bidder will also be evaluated
for acceptability based on the criteria set out in this bid document. Their
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30.0 Owner’s Right to Accept Any Bid and to Reject any or All Bids
30.1 It is expressly clarified that the Owner reserves the right to accept or reject any
bid, and to annul the bidding process and reject all bids at any time prior to
award of contract, without thereby incurring any liability to the affected Bidder
or bidders or any obligation to inform the affected Bidder or bidders of the
grounds for the Owner’s action. Such rejection will not subject the Owner to
any claim, including a claim for reimbursement of costs incurred by any such
Bidder in the preparation of its Bid.
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30.2 Notwithstanding anything to the contrary, the Owner reserves the right to select
any bid and award the Contract to any Bidder irrespective of price. The
Owner’s decision shall be final and shall be binding on all the Bidders.
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award and forfeiture of the bid security, in which event the Owner may make
the award to the next lowest evaluated Bidder or call for new bids.
34.0 Adjudicator
34.1 The Owner proposes that the person(s) named in the Bid Data Sheet be
appointed as Adjudicator under the contract If on the day the Contract
Agreement is signed, the Owner and the Contractor have not agreed on the
appointment of the Adjudicatory Panel, the Adjudicatory Panel shall be
appointed, at the request of either party, by the Appointing Authority specified
in the Special Conditions of Contract clause 4, pursuant to GCC Sub-Clause
5.1
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The Owner may require the Bidder to provide evidence (in a form satisfactory
to the Owner) that all requirements in this respect have been fully complied
with.
38. Material changes
Without prejudice to anything stated hereinabove, during the bid validity
period, all Bidders shall forthwith furnish to the Owner any fact or
circumstance newly occurred that may in any material way alters the
information provided by the Bidder in the Bid.
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• Accept or reject any Bid, without the obligation to give any reasons;
• Not provide Bidders any reasons for any actions or decisions it may
take including in respect of the exercise by the Owner of any or all of
the above mentioned rights; and
• Take such other action as it considers, in its absolute discretion,
appropriate in relation to the bidding process and the Project.
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Section III
BID DATA SHEET
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INTRODUCTION
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ITB 11.5 The price shall be fixed and shall be inclusive of all levies,
duties, taxes, cess and cost of obtaining construction, transit
and all applicable insurance covers. No adjustment will be
allowed under any circumstance except for a variation in the
Scope of Work and due to change in indirect taxes—as
specified in this Bid Document and subject to the caps thereon.
ITB 12.1 All prices for supplies and services shall be quoted in Indian
Rupees.
No other currencies will be accepted for the bid.
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For Price Bid a hard copy of the entire Price Bid is required to
be submitted. Copies shall be provided in a write-protected
CD. The price bids shall be submitted in separate sealed
envelope,
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xx.xx.xxxx
BID EVALUATION
ITB 23
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CONTRACT AWARD
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Section IV
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INDEX (GCC)
1.0 DEFINITIONS 59
2.0 CONTRACT DOCUMENTS 65
3.0 INTERPRETATION 65
4.0 NOTICES 67
5.0 GOVERNING LAW 68
6.0 SCOPE OF WORK 72
7.0 TIME FOR COMMENCEMENT AND COMPLETION 73
8.0 CONTRACTOR’S RESPONSIBILITIES 73
9.0 OWNER’S RESPONSIBILITIES 76
10.0 CONTRACT PRICE 77
11.0 TERMS OF PAYMENT 78
12.0 SECURITIES 79
13.0 TAXES AND DUTIES 81
14.0 COPYRIGHT 82
15.0 CONFIDENTIAL INFORMATION 82
16.0 REPRESENTATIVES 83
17.0 WORK PROGRAM 86
18.0 SUBCONTRACTING 88
19.0 DESIGN AND ENGINEERING 89
20.0 SUPPLY 91
21.0 ONSHORE SERVICES 92
22.0 INSTALLATION 94
23.0 TEST AND INSPECTION 99
24.0 COMPLETION OF THE FACILITIES 101
25.0 COMMISSIONING AND OPERATIONAL ACCEPTANCE 102
26.0 COMPLETION TIME GUARANTEE 105
27.0 DEFECT LIABILITY 105
28.0 FUNCTIONAL GUARANTEES 107
29.0 PATENT INDEMNITY 108
30.0 LIMITATION OF LIABILITY 110
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1.0 Definitions
The following words and expressions shall have the meanings hereby
assigned to them:
• “Applicable Law” shall mean any law, legislation, statute, act, by-laws,
rule, regulation, ordinance, order, decree, protocol, notification, policy,
by-law, administrative guideline, ruling, instruction, directive, consent,
license, approval, permit, judgment, court order, treaty or any
interpretation thereof by any Governmental Authority or Person acting
under the authority of any Governmental Authority and / or of any
statutory authority in India, whether in effect on the Effective Date or
thereafter.
• “Change in Tax Law” shall mean any of the following events, which
become effective after the date for submission of the price bid for the
Contract
– enactment of any new tax law in India;
– modification or repeal of any Applicable Taxes in India.
– any change in the interpretation or enforcement of any tax laws by
Government of India or State Government or local authority via issuance
of circulars/ clarifications by Governmental Authority
– increase or decrease in the rate of taxes in force on the date of the bid
submission;
– change in the basis of computation of taxes in force on the date of the
bid submission.
• “Change in Applicable Law” shall mean any of the following events, which
become effective after the date for submission of the price bid for the
Contract
– enactment of any new law in India;
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• “Site” means the site for the Facilities located in the State of Gujarat,
India and which is designated in the Scope of Work.
• “Effective Date” means the date of fulfilment of all conditions stated in
Article 3 (Effective Date for Determining Time for Completion) of the
Form of Contract Agreement, for the purpose of determining the Time for
Completion.
• “Time for Completion” means the time within which Completion of the
Facilities as a whole is to be attained in accordance with the
specifications in the SCC and the relevant provisions of the Contract.
• “Mechanical Completion” means that the Facilities (or a specific part
thereof where specific parts are specified in the SCC) have been
completed physically and structurally and put in a tight and clean
condition, and that all work in respect of Pre-commissioning of the
Facilities or such specific part thereof has been completed; in other
words, that the Facilities or specific part thereof are ready for
Commissioning and Guarantee Tests as provided in GCC Clause 24
(Completion) hereof, but have not obtained Operational Acceptance
Certificate. Mechanical Completion shall be certified by the Owner’s
Representative.
• “Pre-commissioning” means the testing, checking and other
requirements specified in the Technical Specifications that are to be
carried out by the Contractor in preparation for Commissioning as
provided in GCC Clause 24 (Completion) hereof;
• “Commissioning” means operations of the Facilities or any part thereof by
the Contractor, which operation is to be carried out by the Contractor as
provided in GCC Sub-Clause 25.1 (Commissioning) hereof, for the
purpose of carrying out Guarantee Test(s). Commissioning can be
carried out only if there is sufficient gas to carry out the commissioning
and is made available by the Owner in this regard. Commissioning shall
be certified by the Owner’s Representative.
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3.0 Interpretation
3.1 Language
3.1.1 All correspondence and communications to be given and all other
documentation to be prepared and supplied under the Contract shall be
written in English, and the Contract shall be construed and interpreted in
accordance with that language.
3.1.2 If any of the Contract Documents, correspondence or communications are
prepared in any language other than the governing language under GCC
Sub-Clause 3.1.1 above, the English translation of such documents,
correspondence or communications shall prevail in matters of interpretation.
3.2 Singular and Plural
The singular shall include the plural and the plural the singular, except where
the context otherwise requires.
3.3 Headings
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The headings and marginal notes in the General Conditions of Contract are
included for ease of reference, and shall neither constitute a part of the
Contract nor affect its interpretation.
3.4 Persons
Words importing persons or parties shall include natural persons, bodies,
corporate, partnerships, firms, corporations and government entities.
3.5 Incoterms
Unless inconsistent with any provision of the Contract, the meaning of any
trade term and the rights and obligations of parties there under shall be as
prescribed by Incoterms. Incoterms means international rules for interpreting
trade terms published by the International Chamber of Commerce (latest
edition), 38 Cours Albert 1er, 75008 Paris, France.
3.6 Entire Agreement
Subject to GCC Sub-Clause 16.4 hereof, the Contract constitutes the entire
agreement between the Owner and Contractor with respect to the subject
matter of Contract and supersedes all communications, negotiations and
agreements (whether written or oral) of parties with respect thereto made
prior to the date of Contract and such communications, negotiations and
agreements shall not affect or modify any of the terms or obligations set forth
in this Contract, except as the same may be made part of this Contract in
accordance with its terms, including the terms of any of the Contract
Documents.
3.7 Amendment
No amendment or other variation of the Contract shall be effective unless it is
in writing, is dated, expressly refers to the Contract, and is signed by a duly
authorized representative of each party hereto.
3.8 Independent Contractor
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4 Notices
4.1 Unless otherwise stated in the Contract, all notices to be given under the
Contract shall be in writing, and shall be sent by personal delivery, airmail post,
special courier, cable, telegraph, telex, facsimile or Electronic Data Interchange
(EDI) to the address of the relevant party set out in the SCC, with the following
provisions:
4.1.1 Any notice sent by cable, telegraph, telex, facsimile or EDI shall be confirmed
within two (2) days after dispatch by notice sent by airmail post or special
courier, except as otherwise specified in the Contract.
4.1.2 Any notice sent by airmail post or special courier shall be deemed (in the
absence of evidence of earlier receipt) to have been delivered seven (7)
days after dispatch. In proving the fact of dispatch, it shall be sufficient to
show that the envelope containing such notice was properly addressed,
stamped and conveyed to the postal authorities or courier service for
transmission by airmail or special courier.
4.1.3 Any notice delivered personally or sent by cable, telegraph, telex, facsimile or
EDI shall be deemed to have been delivered on date of its dispatch.
4.1.4 Either party may change its postal, cable, telex, facsimile or EDI address or
addressee for receipt of such notices by ten (10) days’ notice to the other
party in writing.
4.2 Notices shall be deemed to include any approvals, consents, instructions,
orders and certificates to be given under the Contract.
5 Governing Law
The Contract shall be governed by and interpreted in accordance with laws of
the country specified in the SCC. (India, Courts of Ahmedabad).Settlement of
Disputes
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other party, with a copy for information to the Adjudicator, of its intention to
commence arbitration, as hereinafter provided, as to the matter in dispute,
and no arbitration in respect of this matter may be commenced unless such
notice is given.
5.2.2 Any dispute in respect of which a notice of intention to commence arbitration
has been given, in accordance with GCC Sub-Clause 6.2.1, shall be finally
settled by arbitration. Arbitration may be commenced prior to or after
completion of the Facilities.
5.2.3 It is specifically understood and agreed that any Dispute which cannot be
resolved between the Parties, including any matter relating to the
interpretation or validity / invalidity of this Contract, shall, upon election by
either Party, and in accordance with the provisions hereof, be submitted to
arbitration irrespective of the magnitude thereof or the amount in controversy.
Specifically, neither Party may attempt to litigate the Dispute in the Courts of
India or elsewhere.
5.2.4 In any such arbitration, both Parties shall be entitled to present positions and
rely upon information supplemental to or different to that relied upon for
purposes of any attempted disputes resolution pursuant to this Article 5.
However, in all cases where a dispute was submitted to the Adjudicatory
Panel for determination under Article 5.1 and a determination rendered, such
determination shall be placed before the arbitral tribunal so that such
determination may also be considered by the arbitral tribunal in making its
award.
5.2.5 Should either Party submit a request to the arbitrators to determine whether
and when the termination of this Contract had occurred, each Party’s
obligations and rights under this Contract shall continue and remain in full
force and effect during the term of the arbitration proceeding until an award
stating the occurrence and timing of the termination of this Contract has been
rendered.
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5.2.6 Any arbitration referred to in Article 5.2 shall be conducted in accordance with
the (Indian) Arbitration and Conciliation Act, 1996 (or any enactment replacing
such act) and rules and regulations made thereunder.
5.2.7 The arbitral tribunal shall consist of three arbitrators. The venue of arbitration
shall be in Ahmedabad, Gujarat, India. The language to be used in the
arbitration shall be the English language exclusively and any award shall be
made in the English language.
5.2.8 Any decision or award of the arbitral tribunal shall be final and binding upon the
Parties. The Parties hereto expressly and irrevocably agree that the arbitral
award may be enforced against the Parties to the arbitration proceeding or
their assets wherever they may be found and that a judgement upon the
arbitral award may be entered in any court having jurisdiction.
5.2.9 Each of the Owner and the Contractor shall appoint one arbitrator each. The
two arbitrators so appointed shall jointly appoint a third arbitrator. In the event
of the failure by any Party to appoint an arbitrator within thirty (30) days from
the date of the receipt of the notice from the other Party and / or failure by the
two arbitrators appointed by the Parties under this Article 5.2.9 to appoint the
third arbitrator within a period of thirty (30) days, such arbitrator / (s) shall be
appointed by the High Court of [Gujarat].
Provided however that, in all cases, the third arbitrator shall only be a person
who is an:
(1) Advocate (or of equivalent qualification, licensed to practice law
in the jurisdiction of his residence) or former judge; and
(2) Has significant experience in international engineering,
procurement and construction agreements.
5.2.10 It is expressly stated herein that the provisions of this Article 5 shall survive
termination or expiry of this Contract.
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(a) The Contractor shall continue to work and perform its obligations under the
Contract unless they otherwise agree.
(b) The Owner shall pay to the Contractor undisputed monies due and payable
to the Contractor, as per the contract terms and condition.
6 Scope of Work
6.1 The scope of work under the Contract relates to construction of Facility by
carrying out the following specific work scopes :
• Supply of Plant and Equipment from within India
• Onshore services
• Installation and construction services
• Supply of mandatory spares from within India
As fully described in Vol I-B for detailed Scope of Work.
6.2 Contractor shall, unless specifically excluded in the Contract, perform all such
work and/or supply all such items and materials not specifically mentioned in the
Contract but that can be reasonably inferred in accordance with Good Industry
Practice that the providing, furnishing or performing or causing the provision, of
such additional items was contemplated as part of the Scope of Work (including
the Technical Specifications), and/or the providing, furnishing or performing or
causing the provision, furnishing and performance of such additional items is
necessary in order for Contractor to satisfy the Guarantees and the warranties
set forth in this Contract and to make the Facilities operable and capable of
performing as specified in the Technical Specifications or as otherwise
necessary in order to comply with the requirements of this Contract. .
6.3 Without limiting the ambit of the foregoing, wherever this Contract describes any
portion of the Scope of Work in general terms, but not complete in detail,
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Contractor agrees that the Scope of Work shall include any incidental work,
activities and services which may be reasonably inferred as required or
necessary to complete and render the Facilities operable in accordance with the
Terms and conditions of this Contract and Owner shall have no obligation or
responsibility whatsoever (except as specifically set forth in this Contract) with
respect to the completion of the Facilities.
6.4 The Parties acknowledge and agree that this Contract is a lump-sum firm fixed
price time certain turnkey contract and Contractor’s obligation to provide, furnish
and perform its services, activities and work under this Contract includes
Contractor providing Owner with the operating and completed Facilities, complete
in every detail within the time and for the purposes specified in this Contract and
to do and furnish to the Owner everything necessary in connection herewith.
6.5 Except as otherwise expressly provided in this Contract, Contractor agrees and
acknowledges that Contractor shall perform all of its obligations and
responsibilities under this Contract at its own risk, cost and expense.
6.6 In addition to the supply of spare parts included in the Contract, the Contractor
Agrees to supply spare parts required for the operation and maintenance of the
Facilities for the period specified in the Special Conditions of Contract (2 years).
However, It should be as per Technical specification stipulated in respective data
sheets.
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8 Contractor’s Responsibilities
8.1 The Contractor shall carry out engineering, manufacturing, (including
associated purchases and/or subcontracting), supply, installation and
completion of the Facilities with due care and diligence a professional
manner, using sound engineering and design principles and project
management and supervisory procedures and in accordance with Good
Industry Practice such that besides complying with every requirement and
obligation set forth in this Contract and Applicable Law, the Contractor also
ensures that the Facilities are fit for the intended purpose of the Owner.
Contractor represents and warrants that it has the requisite skills, experience,
expertise and capacity to perform the Scope of Work in the foregoing manner
and to satisfy and fulfil all of its obligations and responsibilities under this
Contract.
8.2.1 The Contractor confirms that it has entered into this Contract on the basis of a
proper examination of the data relating to the Facilities (including any data as
to boring tests) provided by the Owner, and on the basis of information that
the Contractor could have obtained from a geophysical, geotechnical or visual
inspection of the Site (if access thereto was available) and of other data
readily available to it relating to the Facilities as of the date of bid submission.
The Contractor acknowledges that any failure to acquaint itself with all such
data and information shall not relieve its responsibility for properly estimating
the difficulty or cost of successfully performing the Facilities.
8.3 The Contractor shall acquire in its name all permits, approvals and/or licenses
from all local, state or national government authorities or public service
undertakings in the country where the Site is located that are necessary for
the performance of the Contract, including, without limitation, visas for the
Contractor’s and Subcontractor’s personnel and entry permits for all imported
Contractor’s Equipment. The Contractor shall acquire all other permits,
approvals and/or licenses that are not the responsibility of the Owner under
GCC Sub-Clause 10.3 hereof and that are necessary for the performance of
the Contract.
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8.4 The Contractor shall comply with all laws in force in the country where the
Facilities are installed and where the Installation Services are carried out. The
laws will include all local, state, national or other laws that affect the
performance of the Contract and bind upon the Contractor. The Contractor
shall indemnify and hold harmless the Owner from and against any and all
liabilities, damages, claims, fines, penalties and expenses of whatever nature
arising or resulting from the violation of such laws by the Contractor or its
personnel, including the Subcontractors and their personnel, but without
prejudice to GCC Sub-Clause 10.1 hereof.
8.5 Any Plant, Material and Services that will be incorporated in or be required for
the Facilities and other supplies shall have their origin as specified under
GCC Clause 1 from an eligible party.).
8.6 Contractor shall cause the design and engineering of the Facilities to
conform with the design criteria set forth in the Scope of Work and the
Technical Specifications.
8.7 Except for items expressly stated as being required to be provided by Owner
pursuant to this Contract, Contractor shall provide all other items, Plant and
Equipment, Contractor’s Equipment, services of others, supplies, utilities,
power, water and fuel required for the construction of the Facilities, the
performance of the work, Commissioning and Guarantee tests, and for the
purposes of this Contract generally.
8.8 The Contractor shall obtain necessary power, water connection from relevant
authorities and will pay its rental and use charges.
8.9 The Contractor shall be responsible for providing necessary residential
accommodation for employees, staffs, workers etc and construction of
necessary office.
8.10 Contractor shall provide common furnished office to Client, PMC and TPIA
with following facilities. The office shall be provided at one location. Provision
of Facilities at Location should be:-
• 1 Cabin + 8 work stations all.
• 6 PC’s of Pentium 4 each with 17” coloured Monitor, UPS and coloured
Printer for all three agencies.
• Fax / Xerox Machine / Scanner – 1 (common for all agencies).
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• One Office Assistant and one Peon (common for all agencies).
• 1 No. of landline Telephone and 1 No. of Telefax (common for all
agencies).
• Facility of Internet with LAN connectivity.
• Air Conditioners as required
• CUG mobiles to all members of the three agencies.
• Sufficient nos. of chairs, tables and storage racks.
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required for the performance by both the Contractor and the Owner of their
respective obligations under the Contract), and are specified in the
corresponding Appendix (Scope of Works and Supply by the Owner) to the
Contract Agreement.
9.4 If requested by the Contractor, the Owner shall use its reasonable
endeavours to assist the Contractor in obtaining in a timely and
expeditious manner all permits, approvals and/or licenses necessary for
the execution of the Contract from all local, state or national government
authorities or public service undertakings that such authorities or
undertakings require the Contractor or Subcontractors or the personnel of the
Contractor or Subcontractors, as the case may be, to obtain.
9.5 The Owner shall be responsible for the continued operation of the Facilities
after Operational (or Provisional) Acceptance and one (1) month of
successful operation by the Contractor, under the observation of the
Owner, of the Facilities, in accordance with GCC Sub-Clause 24.7,
9.6 Unless otherwise provided, costs and expenses involved in the performance
of the Owner’s obligations shall be the responsibility of the Owner, save
those to be incurred by the Contractor with respect to the
performance of Pre-commissioning, Commissioning, Operation for one
month and Guarantee Tests, in accordance with GCC Sub-Clause 25.2 or
the related provisions in GCC and SCC.
C. Payment
10 Contract Price
10.1 The Contract Price is the aggregate of the price payable by the Owner
towards the specific scope of work as indicated in GCC Clause 6, to be
performed by the Contractor and as specifically indicated in Article 2
(Contract Price and Terms of Payment) of the Form of Contract Agreement
and includes all taxes other than those specifically referred to in clause 10.3
10.2 Unless indicated otherwise in the SCC, the Contract Price shall be a firm
lump sum not subject to any alteration, except in the event of a Change in the
scope of work or as otherwise provided in the Contract.
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10.3 [ OMITTED]
10.4 Subject to GCC Sub-Clauses 9.2, 10.1 and 35 hereof, the Contractor shall be
deemed to have satisfied itself as to the correctness and sufficiency of the Contract
Price, which shall, except as otherwise provided for in the Contract, cover all its
obligations under the Contract and all things necessary for completing all its
obligations including the proper design, execution, procurement and completion, pre-
commissioning, commissioning, all testing (including operating for one month), and
remedying defects of the Facilities (if any) as per the provisions of this Contract.
11 Terms of Payment
11.1 Separate invoices shall be raised for the following activities referred to in the
Scope of Work:
• Plant and Equipment Supplied from within India
• Onshore services
• Installation and construction services
• Mandatory Spares supplied from India
11.2 Where a Joint Venture/ Consortium has been awarded the contract, the
members of the Joint Venture/ Consortium would raise their invoices
separately for their respective scopes of work in the above manner directly in
favour of the Owner. All invoices have to be raised by valid legal entity/
entities.
11.3 The Contract Price shall be paid as specified in the corresponding Section V
(Terms and Procedures of Payment) to the Contract Agreement. The
procedures to be followed in making application for and processing payments
shall be those outlined in the same Appendix.
11.4 No payment made by the Owner herein shall be deemed to constitute
acceptance by the Owner of the Facilities or any part(s) thereof.
11.5 In the event that the Owner fails to make any payment by its respective due
date or within the period set forth in the Contract without reasonable cause,
the Owner shall pay to the Contractor interest on the amount of such delayed
payment at the rate(s) shown in the corresponding Appendix (Terms and
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12 Securities
12.1 Issuance of Securities
The Contractor shall provide the securities specified below in favour of the
Owner at the times, and in the amount, manner and form specified below.
12.2 Advance Payment Security
12.2.1 The Contractor shall, within fifteen (15) days of the notification of contract
award, provide a security in an amount equal to the advance payment
calculated in accordance with the corresponding Section V (Terms and
Procedures of Payment) to the Contract Agreement, and in the same
currency or currencies. The entire advance payment shall stand recovered
before the scheduled date of physical completion, notwithstanding any
extension of the date for any reason under this Contract. In the event that
the Contract Price shall have been paid in full and the advance payment
shall not have been fully recovered, the remainder of the advance
payments shall be immediately returned by Contractor to Owner or at
Owner’s sole discretion shall be used to offset and shall be deducted
from, the payment of any other amounts owed by Owner to Contractor
under this Contract.
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12.2.2 The security shall be in the form provided in the bidding documents or in
another form acceptable to the Owner. The amount of the security shall be
reduced in proportion to the value of the Facilities executed by and paid to
the Contractor from time to time, and, in any event, when Contractor is
required to return the advance payments in full in the event of non-
performance or termination of this Contract in accordance with the terms
hereof or upon the exercise by Owner of any right or remedy under this
Contract and shall automatically become null and void when the full amount
of the advance payment has been recovered by the Owner. The security
shall be returned to the Contractor immediately after its expiration.
12.3 Performance Security
12.3.1 The Contractor shall, within ten (10) days of the notification of contract
award, provide a security for the due performance of the Contract in the
amount specified in the SCC.
12.3.2 The security shall be denominated in Indian Rupees and shall be in one of
the forms of an irrevocable, unconditional, first demand, replenish able,
bank guarantee provided in the bidding documents, as stipulated by the
Owner in the SCC, or in another form acceptable to the Owner.
12.3.3 On achieving the Operational Acceptance (or Provisional Operational
Acceptance) the Construction Period Performance Security shall be
replaced by the Operational Period Performance Security. The
Construction Period security shall be released only on obtaining the
Operation Period Performance Security.
12.3.4 The operation period performance security shall become null and void
twenty four (24) months after Completion of the Facilities provided,
however, that if the Defects Liability Period has been extended on any part
of the Facilities pursuant to GCC Sub-Clause 27.8 hereof, the Contractor
shall issue an additional security in an amount proportionate to the
Contract Price of that part. The security shall be returned to the Contractor
immediately after its expiration, provided, however, that if the Contractor,
pursuant to GCC Sub-Clause 27.10, is liable for an extended warranty
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obligation, the performance security shall be extended for the period and
up to the amount specified in the SCC.
12.3.5 The Performance Securities shall be replenished to their original level
every time any drawal is made on them during the construction and the
Defects Liability Period.
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then the Contractor shall immediately indemnify Owner for such loss of tax credit,
which would be otherwise available to Owner. Owner will in its sole discretion
decide to recover such loss by way of deduction from payment due to the
Contractor or invoking the Performance Bank Guarantee.
13.6 Each party hereto, agrees to indemnify and keep indemnified and saved
harmless at all times the other party against any loss, cost, expenses or damage
suffered or incurred by it, by reason of its failure to pay taxes, duties, etc. which it
is obliged to pay pursuant to the provisions of this clause and/ or arising out of its
failure to comply with its obligations under this clause.
13.7 The Owner shall carry out necessary tax withholding as per the applicable
Central and State tax laws on payments to be made to the Contractor.
13.8 C-Form will not be issued by Owner.
D. Intellectual Property
14 Copyright
14.1 The copyright in all drawings, documents and other materials containing data
and information furnished to the Owner by the Contractor herein shall remain
vested in the Contractor or, if they are furnished to the Owner directly or
through the Contractor by any third party, including suppliers of materials, the
copyright in such materials shall remain vested in such third party.
15 Confidential Information
15.1 The Owner and the Contractor shall keep confidential and shall not, without
the written consent of the other party hereto, divulge to any third party any
documents, data or other information furnished directly or indirectly by the
other party hereto in connection with the Contract, whether such information
has been furnished prior to, during or following termination of the Contract.
Notwithstanding the above, the Contractor may furnish to its Subcontractor(s)
such documents, data and other information it receives from the Owner to the
extent required for the Subcontractor(s) to perform its work under the
Contract, in which event the Contractor shall obtain from such
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16 Representatives
16.1 Project Manager
16.1.1 Deleted.
16.1.2 The Project Manager shall represent and act for the Owner at all times
during the currency of the Contract. All notices, instructions, orders,
certificates, approvals and all other communications under the Contract shall
be given by the Project Manager, except as herein otherwise provided. All
notices, instructions, information and other communications given by the
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Contractor to the Owner under the Contract shall be given to the Project
Manager, except as herein otherwise provided. The Project Manager shall
also be referred to as the Owner’s Representative.
16.1.3 All instructions, notices, information and other communications given by the
contractor to the owner under the contract shall be given to the Project
Manager, except as herein otherwise provided.
16.2.2 The Contractor’s Representative shall represent and act for the Contractor
at all times during the currency of the Contract and shall give to the
Project Manager all the Contractor’s notices, instructions, information and
all other communications under the Contract. All notices, instructions,
information and all other communications given by the Owner or the
Project Manager to the Contractor under the Contract shall be given to the
Contractor’s Representative or, in its absence, its deputy, except as herein
otherwise provided. The Contractor shall not revoke the appointment of
the Contractor’s Representative without the Owner’s prior written consent,
which shall not be unreasonably withheld. If the Owner consents thereto,
the Contractor shall appoint some other person as the Contractor’s
Representative, pursuant to the procedure set out in GCC Sub-Clause
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16.2.3 The Contractor’s Representative may, subject to the approval of the Owner
(which shall not be unreasonably withheld), at any time delegate to any
person any of the powers, functions and authorities vested in him or her.
Any such delegation may be revoked at any time. Any such delegation or
revocation shall be subject to a prior notice signed by the Contractor’s
Representative, and shall specify the powers, functions and authorities
thereby delegated or revoked. No such delegation or revocation shall take
effect unless and until a copy thereof has been delivered to the Owner
and the Project Manager.
Any act or exercise by any person of powers, functions and authorities so
delegated to him or her in accordance with this GCC Sub-Clause 16.2.3
shall be deemed to be an act or exercise by the Contractor’s
Representative.
16.2.4 From the commencement of installation of the Facilities at the Site until
Completion, the Contractor’s Representative shall appoint a suitable
person as the construction manager (hereinafter referred to as “the
Construction Manager”). The Construction Manager shall supervise all
work done at the Site by the Contractor and shall be present at the Site
throughout normal working hours except when on leave, sick or absent for
reasons connected with the proper performance of the Contract.
Whenever the Construction Manager is absent from the Site, a suitable
person shall be appointed to act as his or her deputy.
16.2.5 The Owner may by notice to the Contractor object to any representative or
person employed by the Contractor in the execution of the Contract who, in
the reasonable opinion of the Owner, may behave inappropriately, may be
incompetent or negligent, or may commit a serious breach of the Site
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regulations provided under GCC Sub- Clause 22.3. The Owner shall
provide evidence of the same, whereupon the Contractor shall remove
such person from the Facilities.
17 Work Program
17.1 Contractor’s Organization The Contractor shall supply to the Owner and the
Project Manager a chart showing the proposed organization to be established
by the Contractor for carrying out work on the Facilities. The chart shall
include the identities of the key personnel together with the curricula vitae of
such key personnel to be employed within fourteen (14) days of the Effective
Date. The Contractor shall promptly inform the Owner and the Project
Manager in writing of any revision or alteration of such an organization chart.
Contractor agrees that all key personnel, so identified shall be assigned solely
to the performance of Contractor’s obligations hereunder.
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18 Subcontracting
18.1 The Contractor shall select and employ its Subcontractors for such major
items from those listed in the lists referred to in GCC Sub-Clause 19.1.
18.2 For items or parts of the Facilities not specified in the corresponding Appendix
(List of Approved Subcontractors) to the Contract Agreement, the Contractor
may employ such Subcontractors as it may select, at its discretion.
18.3 All sub-contractors and suppliers of the Contractor shall be deemed to be
agents of the Contractor. All Subcontractors shall be appropriately licensed to
perform the subcontract work. Nothing in this Contract generally or in this
GCC Clause 18 specifically shall be construed as relieving the Contractor of
any of his obligations under this Contract for which it shall continue to remain
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20 Supply
20.1 Owner Supplied Plant, Equipment and Materials
If the corresponding Appendix (Scope of Works and Supply by the Owner) to
the Contract Agreement provides that the Owner shall furnish any specific
items of machinery, equipment or materials to the Contractor, the following
provisions shall apply:
20.1.1 The Owner shall, at its own risk and expense, transport each item to the
place on or near the Site as agreed upon by the parties and make such
item available to the Contractor at the time specified in the program
furnished by the Contractor, pursuant to GCC Sub-Clause 17.2 unless
otherwise mutually agreed.
20.1.2 Upon receipt of such item, the Contractor shall inspect the same visually
and notify the Project Manager of any detected shortage, defect or
default. The Owner shall immediately remedy any shortage, defect or
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21.1.1
21.1.2 With respect to Plant and Equipment sourced from within India, the
Contractor shall notify Owner of the date of dispatch of Equipment and
Materials from sources within India and expected date of arrival at the
Site for the information of Owner. The Contractor shall also give all
dispatch information concerning the weight, size and content of each
packing including any other information Owner may require. The
following documents shall be sent to the Owner within 3 (three) days from
the date of shipment.
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thereafter issue the Stores Issue Voucher to enable the Contractor for
incorporation in the Facility. Once the said goods are handed over to the
Contractor, it shall hold the same for and on behalf of the Owner and not
deal with it in any manner except holding it for execution and carrying out
all work. Further, during such time, the Contractor shall hold the
materials as a bailee of the Owner.
21.1.4 The Contractor shall always remain responsible for any loss or damage
to the goods thus procured and supplied before these are incorporated in
the Facility and at all times prior to Operational Acceptance. The
Contractor shall apart from its delivery obligations, immediately arrange
to replace/repair the lost or damaged goods and supplies entirely at its
own cost and irrespective of whether any claim for insurance in respect
of such loss or damage, is made by or not.
21.1.5 The Contractor shall transport all the Plant and Equipment (sourced
domestically) and the Contractor’s Equipment to the Site by the mode of
transport that the Contractor judges most suitable under all the
circumstances.
21.1.6 Unless otherwise provided in the Contract, the Contractor shall be entitled
to select any safe mode of transport operated by any person to carry the
Plant and Equipment and the Contractor’s Equipment.
21.1.7 Upon dispatch of each shipment of the Plant and Equipment and the
Contractor’s Equipment, the Contractor shall notify the Owner by telex,
cable, facsimile or Electronic Data Interchange (EDI) of the description of the
Plant and Equipment and of the Contractor’s Equipment, the point and
means of dispatch, and the estimated time and point of arrival in the country
where the Site is located, if applicable, and at the Site. The Contractor shall
furnish the Owner with relevant shipping documents.
21.1.8 The Contractor shall be responsible for obtaining, if necessary, approvals
from the authorities for transportation of the Plant and Equipment and the
Contractor’s Equipment to the Site. The Owner shall use its best endeavors
in a timely and expeditious manner to assist the Contractor in obtaining such
approvals, if requested by the Contractor. The Contractor shall indemnify
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and hold harmless the Owner from and against any claim for damage to
roads, bridges or any other traffic facilities that may be caused by the
transport of the Plant and Equipment and the Contractor’s Equipment to the
Site.
22 Installation
22.1 Setting Out/Supervision/Labour
22.1.1 Bench Mark: The Contractor shall be responsible for the true and proper
setting-out of the Facilities in relation to bench marks, reference marks
and lines provided to it in writing by or on behalf of the Owner and for the
correctness of the positions, levels, dimensions and alignment of all parts
of the Facilities and for the providing of all necessary instruments,
appliances and labour in connection therewith.
If, at any time during the progress of installation of the Facilities, any
error shall appear in the position, dimension, level or alignment of the
Facilities, the Contractor shall forthwith notify the Project Manager of
such error and, at its own expense, immediately rectify such error to the
reasonable satisfaction of the Project Manager.
Inspection by Owner of any setting-out of any line or level shall not in any
way relieve Contractor of its responsibility for the correctness thereof.
Contractor shall carefully protect and preserve all reference points, aids
and data used in setting-out the Facilities.
Contractor’s Supervision: The Contractor shall give or provide all
necessary superintendence during the installation of the Facilities, and
the Construction Manager or its deputy shall be constantly on the Site to
provide full time superintendence of the installation. The Contractor shall
provide and employ only technical personnel who are skilled and
experienced in their respective callings and supervisory staff who are
competent to adequately supervise the work at hand.
22.1.2 Labour:
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(a) The Contractor shall provide and employ on the Site in the installation of the
Facilities such skilled, semi-skilled and unskilled labour as is necessary for
the proper and timely execution of the Contract. The Contractor is
encouraged to use local labour that has the necessary skills.
(b) Unless otherwise provided in the Contract, the Contractor shall be responsible
for the recruitment, transportation, accommodation and catering of all labour,
local or expatriate, required for the execution of the Contract and for all
payments in connection therewith.
(c) The Contractor shall be responsible for obtaining all necessary permit(s)
and/or visa(s), security clearances from the appropriate authorities for the
entry of all labour and personnel to be employed on the Site into the country
where the Site is located.
(d) The Contractor shall at its own expense provide the means of repatriation to
all of its and its Subcontractor’s personnel employed on the Contract at the
Site to their various home countries. It shall also provide suitable temporary
maintenance of all such persons from the cessation of their employment on
the Contract to the date programmed for their departure. In the event that the
Contractor defaults in providing such means of transportation and temporary
maintenance, the Owner may provide the same to such personnel and
recover the cost of doing so from the Contractor.
(e) The Contractor shall at all times during the progress of the Contract use its
best endeavours to prevent any unlawful, riotous or disorderly conduct or
behaviour by or amongst its employees and the labour of its Subcontractors.
(f) The Contractor shall, in all dealings with its labour and the labour of its
Subcontractors currently employed on or connected with the Contract, pay
due regard to all recognized festivals, official holidays, religious or other
customs and all local laws and regulations pertaining to the employment of
labour.
22.2 Contractor’s Equipment
22.2.1 All Contractors’ Equipment brought by the Contractor onto the Site shall
be deemed to be intended to be used exclusively for the execution of the
Contract. The Contractor shall not remove the same from the Site without
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other service of whatsoever nature for such other contractors, the Owner
shall fully compensate the Contractor for any loss or damage caused or
occasioned by such other contractors in respect of any such use or
service, and shall pay to the Contractor reasonable remuneration for the
use of such equipment or the provision of such services.
22.4.3 The Contractor shall also so arrange to perform its work as to minimize,
to the extent possible, interference with the work of other contractors.
The Project Manager shall determine the resolution of any difference or
conflict that may arise between the Contractor and other contractors and
the workers of the Owner in regard to their work.
22.4.4 The Contractor shall notify the Project Manager promptly of any defects
in the other contractors’ work that come to its notice, and that could affect
the Contractor’s work. The Project Manager shall determine the
corrective measures, if any, required to rectify the situation after
inspection of the Facilities. Decisions made by the Project Manager shall
be binding on the Contractor.
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Facilities) in the form specified in the Sample Forms and Procedures section
in the bidding documents, stating that the Facilities or that part thereof have
reached Completion as of the date of the Contractor’s notice under GCC Sub-
Clause 23.4, or notify the Contractor in writing of any defects and/or
deficiencies.
If the Project Manager notifies the Contractor of any defects and/or
deficiencies, the Contractor shall then correct such defects and/or
deficiencies, and shall repeat the procedure described in GCC Sub-Clause
23.4.
If the Project Manager is satisfied that the Facilities or that part thereof have
reached Completion, the Project Manager shall, within seven (7) days after
receipt of the Contractor’s repeated notice, issue a Completion Certificate
stating that the Facilities or that part thereof have reached Completion as of
the date of the Contractor’s repeated notice.
If the Project Manager is not so satisfied, then it shall notify the Contractor in
writing of any defects and/or deficiencies within seven (7) days after receipt of
the Contractor’s repeated notice, and the above procedure shall be repeated.
24.5 As soon as possible after Completion, the Contractor shall complete all
outstanding minor items so that the Facilities are fully in accordance with the
requirements of the Contract, failing which the Owner will undertake such
completion and deduct the costs thereof from any monies owing to the
Contractor.
24.6 Only upon Operational Acceptance, the Owner shall be responsible for the
care and custody of the Facilities or the relevant part thereof, together with
the risk of loss or damage thereto, and shall thereafter take over the Facilities
or the relevant part thereof as on the date of Operational Acceptance.
25.1 Commissioning
25.1.1 Commissioning of the Facilities or any part thereof shall be commenced
by the Contractor immediately after issue of the notice under Sub-Clause
At any time after any of the events set out in GCC Sub-Clause 25.3.1 have
occurred, the Contractor may give a notice to the Project Manager requesting
the issue of an Operational Acceptance Certificate in the form provided in the
Bidding Documents or in another form acceptable to the Owner in respect of
the Facilities or the part thereof specified in such notice as of the date of such
notice.
25.3.2 The Project Manager shall, after consultation with the Owner, and within
seven (7) days after receipt of the Contractor’s notice, issue an
Operational Acceptance Certificate.
25.3.3 If within seven (7) days after receipt of the Contractor’s notice, the
Project Manager fails to issue the Operational Acceptance Certificate or
fails to inform the Contractor in writing of the justifiable reasons why the
Project Manager has not issued the Operational Acceptance Certificate,
the Facilities or the relevant part thereof shall be deemed to have been
accepted as of the date of the Contractor’s said notice.
25.4 Partial Acceptance
25.4.1 If the Contract specifies that Completion, Pre-commissioning and
Commissioning shall be carried out in respect of parts of the Facilities,
the provisions relating to Completion and Commissioning including the
Guarantee Test shall apply to each such part of the Facilities individually,
however provided that notwithstanding the aforesaid, the Operational
Acceptance Certificate shall be issued for the entire Facilities only.
25.4.2 If a part of the Facilities comprises facilities such as civil works, for which
no Commissioning or Guarantee Test is required, then the Project
Manager shall issue the Operational Acceptance Certificate for such
facility when it attains physical Completion, after the Contractor
completes any outstanding minor items that are listed by the Project
Manager after weathering of one monsoon season.
27 Defect Liability
27.1 The Contractor warrants that the Facilities or any part thereof shall be free
from defects in the design, engineering, materials and workmanship of the
Plant and Equipment supplied and of the work executed.
27.2 The Defect Liability Period shall be Eighteen (18) months from the date of
Operational Acceptance of the Facilities. If during the Defect Liability Period
any defect should be found in the design, engineering, materials and
workmanship of the Plant and Equipment supplied or of the work executed by
the Contractor, the Contractor shall promptly, in consultation and agreement
with the Owner regarding appropriate remedying of the defects, and at its
cost, repair, replace or otherwise make good (as the Contractor shall, at its
discretion, determine) such defect as well as any damage to the Facilities
caused by such defect. The burden of proof of remedy of the defects shall be
on the Contractor.
27.3 The Contractor’s obligations under this GCC Clause 27 shall not apply to
(a) any materials that are supplied by the Owner under GCC Sub-Clause
20.2, are normally consumed in operation, or have a normal life shorter than
the Defect Liability Period stated herein
(b) Any other materials supplied or any other work executed by or on behalf of
the Owner, except for the work executed by the Owner under GCC Sub-
Clause 27.7.
27.4 The Owner shall give the Contractor a notice stating the nature of any such
defect together with all available evidence thereof, promptly following the
discovery thereof. The Owner shall afford all reasonable opportunity for the
Contractor to inspect any such defect.
27.5 The Owner shall afford the Contractor all necessary access to the Facilities
and the Site to enable the Contractor to perform its obligations under this
GCC Clause 27. The Contractor may, with the consent of the Owner, remove
from the Site any Plant and Equipment or any part of the Facilities that are
defective if the nature of the defect, and/or any damage to the Facilities
caused by the defect, is such that repairs cannot be expeditiously carried out
at the Site.
27.6 If the repair, replacement or making good is of such a character that it may
affect the efficiency of the Facilities or any part thereof, the Owner may give
to the Contractor a notice requiring that tests of the defective part of the
Facilities shall be made by the Contractor immediately upon completion of
such remedial work, whereupon the Contractor shall carry out such tests. If
such part fails the tests, the Contractor shall carry out further repair,
replacement or making good (as the case may be) until that part of the
Facilities passes such tests. The tests shall be agreed upon by the Owner
and the Contractor.
27.7 If the Contractor fails to commence the work necessary to remedy such defect
or any damage to the Facilities caused by such defect within a reasonable
time (which shall in no event be considered to be less than fifteen (15) days),
the Owner may, proceed to do such work, and the reasonable costs incurred
by the Owner in connection therewith shall be paid to the Owner by the
Contractor or may be deducted by the Owner from any monies due the
Contractor or claimed under the Performance Security.
27.8 If the Facilities or any part thereof cannot be used by reason of such defect
and/or making good of such defect, the Defect Liability Period of the Facilities
or such part, as the case may be, shall be extended by a period equal to the
period during which the Facilities or such part cannot be used by the Owner
because of any of the aforesaid reasons.
27.9 Except as provided in GCC Clauses 27 and 33, the Contractor shall be under
no liability whatsoever and howsoever arising, and whether under the
Contract or at law, in respect of defects in the Facilities or any part thereof,
the Plant and Equipment, design or engineering or work executed that appear
after Completion of the Facilities or any part thereof, except where such
defects are the result of the gross negligence, fraud, criminal or wilful action
of the Contractor.
27.10 In addition, the Contractor shall also provide an extended warranty for any
such component of the Facilities and during the period of time as may be
specified in the SCC. Such obligation shall be in addition to the defect liability
specified under GCC Sub-Clause 27.2.
28 Functional Guarantees
28.1 The Contractor guarantees that during the Guarantee Test, the Facilities and
all parts thereof shall attain the Functional Guarantees specified in the
corresponding Appendix (Functional Guarantees) to the Contract Agreement,
subject to and upon the conditions therein specified.
28.2 If the minimum level of the Functional Guarantees specified in the
corresponding Appendix (Functional Guarantees) to the Contract Agreement
are not met either in whole or in part, the Contractor shall at its cost and
29 Patent Indemnity
The Contractor shall, subject to the Owner’s compliance with GCC Sub-
Clause 29.2, protect, defend, indemnify and hold harmless the Owner and
its employees and officers from and against any and all suits, actions or
administrative proceedings, claims, demands, losses, damages, costs, and
expenses of whatsoever nature, including attorney’s fees and expenses,
which the Owner may suffer as a result of any claim or allegation of any
infringement or alleged infringement or violation of any proprietary rights or
confidential information or intellectual property, including, but not limited to
patent, utility model, registered design, trademark, copyright (statutory or
non-statutory), trade secret, information, confidentiality rights, know-how,
un-patented invention or any unauthorised use of the work of others, or
other intellectual property right registered or otherwise existing at the date
of the Contract by reason of: (a) the installation of Plant and Equipment,
the Facilities or part thereof, or any methods, designs or things furnished or
29.1 The Contractor shall, subject to the Owner’s compliance with GCC Sub-
Clause 29.2, indemnify and hold harmless the Owner and its employees and
officers from and against any and all suits, actions or administrative
proceedings, claims, demands, losses, damages, costs, and expenses of
whatsoever nature, including attorney’s fees and expenses, which the Owner
may suffer as a result of any infringement or alleged infringement of any
patent, utility model, registered design, trademark, copyright or other
intellectual property right registered or otherwise existing at the date of the
Contract by reason of: (a) the installation of the Facilities by the Contractor or
the use of the Facilities in the country where the Site is located; and (b) the
sale of the products produced by the Facilities in any country.
Such indemnity shall not cover any use of the Facilities or any part thereof
other than for the purpose indicated by or to be reasonably inferred from the
Contract, any infringement resulting from the use of the Facilities or any part
thereof, or any products produced thereby in association or combination with
any other equipment, plant or materials not supplied by the Contractor,
pursuant to the Contract Agreement.
29.2 If any proceedings are brought or any claim is made against the Owner
arising out of the matters referred to in GCC Sub-Clause 29.1, the Owner
shall promptly give the Contractor a notice thereof, and the Contractor may at
its own expense and in the Owner’s name conduct such proceedings or claim
and any negotiations for the settlement of any such proceedings or claim.
If the Contractor fails to notify the Owner within twenty-eight (28) days after
receipt of such notice or the period specified in such notice/proceedings,
whichever is less, that it intends to conduct any such proceedings or claim,
then the Owner shall be free to conduct the same on its own behalf. Unless
the Contractor has so failed to notify the Owner within the twenty-eight (28)
day period, the Owner shall make no admission that may be prejudicial to the
defence of any such proceedings or claim. The Owner shall, at the
Contractor’s request, afford all available assistance to the Contractor in
conducting such proceedings or claim, and shall be reimbursed by the
Contractor for all reasonable expenses incurred in so doing.
29.3 The Owner shall indemnify and hold harmless the Contractor and its
employees, officers and Subcontractors from and against any and all suits,
actions or administrative proceedings, claims, demands, losses, damages,
costs, and expenses of whatsoever nature, including attorney’s fees and
expenses, which the Contractor may suffer as a result of any infringement or
alleged infringement of any patent, utility model, registered design, trademark,
copyright or other intellectual property right registered or otherwise existing at
the date of the Contract arising out of or in connection with any design, data,
drawing, specification, or other documents or materials provided or designed
by or on behalf of the Owner.
30 Limitation of Liability
30.1 Except in cases of criminal negligence or willful misconduct,
(a) the Contractor shall not be liable to the Owner, whether in contract, tort, or
otherwise, for any indirect or consequential loss or damage, loss of use, loss of
production, or loss of profits or interest costs, provided that this exclusion shall
not apply to any obligation of the Contractor to pay liquidated damages to the
Owner and
(b) the aggregate liability of the Contractor to the Owner, whether under the
Contract, in tort or otherwise, shall not exceed the total Contract Price,
provided that this limitation shall not apply to the cost of repairing or replacing
defective equipment, or to any obligation of the Contractor to indemnify the
Owner with respect to patent infringement or its failure to pay taxes, duties as
required under the Contract. There will be no limit on liability of the Contractor
in case of negligence or willful misconduct.
G. Risk Distribution
31 Transfer of Ownership
(a)
31.1 With respect to Plant and Equipment (including spares) to be sourced from
within India, property shall pass to the Owner when the same are delivered at
Site.
31.2 Ownership of the Contractor’s Equipment used by the Contractor and its
Subcontractors in connection with the Contract shall remain with the
Contractor or its Subcontractors.
31.3 Price Schedule 1A and 1B - All surplus material remaining after the
completion of the Facilities shall be the property of Owner. It is the
responsibility of the Contractor to transport these materials in good condition
to Owner’s warehouse or any other designated place by the Owner along with
the description, unit rate, value, proper certificates, records and documents,
of each such material.
These Surplus material shall be handed over to the Owner by the Contractor
with the complete list of Material and reconciliation statement of material.
31.4 Notwithstanding the transfer of property of the Plant and Equipment, the
Contractor shall always remain responsible for any defect or deficiency
therein or for any loss or for any loss or damage thereto and shall be
responsible for the care and custody thereof together with the risk of loss or
damage thereto pursuant to GCC Clause 32 ( Care of Facilities) until such
time goods are incorporated in the Facilities and Operational Acceptance and
completion of one month period of operation of the Facilities and handing
over to the Owner.
32 Care of Facilities
32.1 The Contractor shall be responsible for the care and custody of the Facilities
or any part thereof until the date of Completion of the Facilities pursuant to
GCC Clause 24 or, where the Contract provides for Completion of the
Facilities in parts, until the date of Completion of the relevant part, and shall
make good at its own cost any loss or damage that may occur to the Facilities
or the relevant part thereof from any cause whatsoever during such period.
The Contractor shall also be responsible for any loss or damage to the
Facilities caused by the Contractor or its Subcontractors in the course of any
work carried out, pursuant to GCC Clause 27. Notwithstanding the foregoing,
the Contractor shall not be liable for any loss or damage to the Facilities or
that part thereof caused by reason of any of the matters specified or referred
to in GCC Sub-Clauses 32.2.
32.2 If any loss or damage occurs to the Facilities or any part thereof or to the
Contractor’s temporary facilities by reason of: any use or occupation by the
Owner or any third party (other than a Subcontractor) authorized by the
Owner of any part of the Facilities the Owner shall pay to the Contractor all
sums payable in respect of the Facilities executed, notwithstanding that the
same be lost, destroyed or damaged, and will pay to the Contractor the
replacement value of all temporary facilities and all parts thereof lost,
destroyed or damaged. If the Owner requests the Contractor in writing to
make good any loss or damage to the Facilities thereby occasioned, the
Contractor shall make good the same at the cost of the Owner in accordance
with GCC Clause 39. If the Owner does not request the Contractor in writing
to make good any loss or damage to the Facilities thereby occasioned, the
Owner shall either request a change in accordance with GCC Clause 39,
excluding the performance of that part of the Facilities thereby lost, destroyed
or damaged, or, where the loss or damage affects a substantial part of the
Facilities, the Owner shall terminate the Contract pursuant to GCC Sub-
Clause 42.1 hereof.
32.3 The Contractor shall be liable for any loss of or damage to any Contractor’s
Equipment, or any other property of the Contractor used or intended to be
used for purposes of the Facilities, except (i) as mentioned in GCC Sub-
Clause 32.2 (with respect to the Contractor’s temporary facilities), and (ii)
where such loss or damage arises by reason of any of the matters specified
in GCC Sub-Clauses.
33. Indemnity
33.1 The Contractor shall protect, defend, indemnify and hold the Owner, its
Directors, employees, successors, assignees, servants, agents or any of them
harmless from:
1 Any claim with regard to designs, methods, process including but not limited to
claims arising out of infringement of patent, trademark, property information,
know-how, copyright, unpatented inventions or any unauthorized use of work.
The Supplier / Contractor / service provider for equipment / spares as the case
shall defend at his own cost any suit proceedings for any claim asserted against
GSPL. GSPL shall give reasonable assistance required in defending the suit.
GSPL reserves the right to defend/settle the claim if the Contractor fails to
defend diligently any such suits or proceedings without relieving the Supplier /
Contractor / service provider for equipment / spares as the case may be of their
obligation.
2. Any and all Losses arising directly or indirectly from or incurred by reason of
the acts or omissions of any of Contractor, its Subcontractors or suppliers or
any of their respective officers, directors, employees, servants or agents in
the performance of Contractor's obligations under this Contract, without
limitation, whether or not resulting from any defect in or condition of the
premises on which the Work is or is to be performed or of any equipment
thereon or any materials furnished by Owner, including any such Losses
arising from injury to or death or damage to or loss of property except injury to
4. Any claim by third party including Sub-contractors for failure to make payment
for labour, services, equipment and materials arising out of this project.
5. Any and all Losses arising directly or indirectly from or incurred by reason of
non compliance with Applicable Laws by the Contractor, its Subcontractors or
suppliers or its or their respective officers, directors, employees, servants or
agents, including, without limitation, labour laws such as the Payment of
Wages Act 1938, Minimum Wages Act 1948, Employees State Insurance Act
1948, Workmen's Compensation Act 1923, Fatal Accidents Act 1855,
Apprentices Act 1961, Industrial Disputes Act 1947 and Contract Labour
(Regulation and Abolition) Act 1970 etc. or any modification thereof or any
other Applicable Law relating thereto (including common law) and Rules
made there under from time to time.
6. Any and all Losses arising directly or indirectly from or incurred by reason of
claims or sanctions or penalties imposed by any Governmental Authorities or
others for any actual or asserted failure by any of Contractor, Subcontractors
or suppliers or any of their respective officers, directors, employees, servants
or agents to comply with any Applicable Laws or any notifications thereunder
or with any rules and regulations applicable to it or them or to obtain or
maintain any consents, approvals or permits;
The obligations of Contractor to indemnify and hold harmless Owner from and
against claims referred to in this Clause 33] or other provisions of this
Contract shall not be limited or reduced by any insurance provided in
accordance with Clause 34, except to the extent that the proceeds of any
such insurance shall be applied to reduce claims made against Owner.
It is expressly stated herein that the provisions of this Clause 33 and any
other provision under this Contract providing for an indemnity shall survive
any termination of this Contract.
In this Clause 33 or any other provision of this Contract providing for an
indemnity, the term Owner as the indemnitee shall include Owner, its affiliates
and their respective officers, directors, employees, servants and agents or
any of them as the context may require
33.2 If any proceedings are brought or any claim is made against the Owner that
might subject the Contractor to liability under GCC Sub-Clause 33.1 the
Owner shall promptly give the Contractor a notice thereof and the Contractor
may at its own expense and in the Owner’s name conduct such proceedings
or claim and any negotiations for the settlement of any such proceedings or
claim.
If the Contractor fails to notify the Owner within twenty-eight (28) days after
receipt of such notice that it intends to conduct any such proceedings or claim,
then the Owner shall be free to conduct the same on its own behalf at
Contractor’s cost. Unless the Contractor has so failed to notify the Owner
within the twenty-eight (28) day period, the Owner shall make no admission
that may be prejudicial to the defense of any such proceedings or claim.
33.3 The Owner shall, at the Contractor’s request, afford all available assistance to
the Contractor in conducting such proceedings or claim, and shall be
reimbursed by the Contractor for all reasonable expenses incurred in so
doing.
33.4 The party entitled to the benefit of an indemnity under this GCC Clause 33
shall take all reasonable measures to mitigate any loss or damage, which
has occurred. If the party fails to take such measures, the other party’s
liabilities shall be correspondingly reduced.
34. Insurance Clauses
The Contractor on his risk and cost shall take out and maintain in effect during the
performance of the Contract, the insurance set forth below in the sums and with the
deductibles and other conditions specified as follows. The identity of the insurers and the
form of the policies shall be subject to the approval of the Owner, who should not
unreasonably withhold such approval.
Insurance Clauses
34.1. The Contractor shall at its own cost and expense arrange for Marine Transit
All Risk Insurance from anywhere in the world including, where applicable, transit to
and whilst at packer’s premises / fabricator’s premises en route for shipment
including loading, unloading and 90 days intermediate storage until delivered at
warehouses or place of storage at final destination anywhere in India inclusive of
customary transhipment. GSPL shall be the beneficiary in Marine Transit All Risk
Insurance
34.2. The Contractor at its own cost shall insure the entire works -Facility for
replacement value by availing comprehensive project insurance policy. The policy
shall be in force till all the Works in the project are completed and commissioned.
The policy will be in the joint names of the “Contractor/ Gujarat State Petronet Ltd/
Sub Contractors for their respective rights and interests thereof. Comprehensive
Project Insurance shall cover loss or damage to the Contract works due to fortuitous
event(s) for storage at erection site and/or erection and/or testing and/or
commissioning of works and/or further maintenance period.
a. Without limiting its liability under Clause 33, Contractor shall carry and maintain
the third party liability insurance as an extension to Comprehensive Project
Insurance Policy with Owner as additional insured for a minimum limit of 10% of
Contract Works. The policy will contain cross liability and waiver of subrogation
clause against each party insured therein.
b. Third Party Liability Insurance shall cover:
• Death of or injury to any person.
• Loss or damage to any property (other than the Contract
works/Owner's property) which may arise out of or resulting from or in
consequence of the execution and completion of the works and the
remedying of any defects therein, and against all claims, proceedings,
damages, costs, charges and expenses whatsoever in respect thereof
or in relation thereto and other liabilities arising under or by reason of
this agreement, if such claims result from the fault and/or negligence
or wilful acts or omission of the Contractor.
c. Comprehensive Project Insurance Policy shall extend to cover following
additional covers / clauses
• Costs and expenses incurred for: Removing debris; Dismantling and/
or demolishing for a minimum limit of 5% of Contract Works.
• Loss or damage to surrounding property for a minimum limit of 10% of
Contract Works, located on or adjacent to the site and belonging to or
held in care, custody or control of Owner.
• Expediting expenses up to a limit of 30% of net claim amount
• Professional Fees – within the sum insured
• Loss minimization expenses – within the sum insured
• Offsite storage / fabrication – within the sum insured
• Additional customs duty – 5% of value of imported items
• Extended Maintenance cover – 12 months
• Design Defect cover – within the sum insured
• Leak Search Cost – within the sum insured
• Waiver of contribution clause
• Automatic Reinstatement Clause – 10% of sum insured
• Work stoppage clause
• Primary Insurance Clause
• Loss Payee Clause – Claim proceeds shall be payable to the first
named insured subject to no objection certificate from Gujarat State
Petronet Ltd.
• Non-vitiation Clause
• Obsolete equipment clause
• Errors and Omission clause
• Civil Authority clause
• Event Clause
• Highest Single Deductible
• Properties under consignment, care, custody and control
• 50/50 clause
• 72 hrs clause
• Survey clause
• Designation of Property
• Off Premises
• Temporary Removal
• Contractual Liability
• Secondary Liability
34.3. The Contractor shall at its own cost effect necessary insurance for the plant,
equipments, tools, tackles or any other assets owned by Contractor /sub-
contractor/employees used for the Contract Works”.
34.4. The Contractor shall at its own cost and expense arrange Workmen's
Compensation insurance covering all its employees/sub-contractor's employees
engaged in the performance of this contract. Gujarat State Petronet Ltd. (Owner)
shall be named as additional insured under this policy by incorporating the clause
"Principal’s interest protected".
34.5. The Contractor shall at its own cost and expense have or arrange to have
Comprehensive Automobile Insurance cover with own damage cover and unlimited
third party liability coverage for death, bodily injury and property damage (minimum
Rs.7.5 Lacs) caused by the vehicles owned, hired or used in connection with the
Contract Works.
34.6. The Contractor shall at its own cost and expense carry and maintain any and all
other insurances which may be required under any Applicable Law or regulation from
time to time.
34.7. The Contractor shall provide satisfactory evidence to Owner prior to the
commencement of work at the Site that insurance required under the contract have
been effected and shall within 30 days of commencement date provide the insurance
policies to Owner. Such insurance policies shall be consistent with the general terms
agreed.
34.8. The Contractor shall notify the insurer of changes in the nature, extent or
programme for the execution of the works and ensure the adequacy of the
insurances at all times in accordance with the terms of the contract. The Contractor
shall maintain the policies throughout the contract period.
34.9. If the Contractor fails to effect and keep in force any of the insurances required
under the contract or fails to provide the policies to Owner within the required period
then and in any such case without prejudice to the liability of the Contractor, the
Owner may effect and keep in force any such insurances and pay any premium as
may be paid and recover the same plus 10% of the premium as service charge from
any monies due or becoming due to the Contractor, or recover the same as a debt
due from the Contractor .
34.10. Availing Insurance policies by the Contractor shall not be construed as relieving
the obligation of the Contractor described under indemnity clause except to the
extent of utilization of the proceeds of the claim for reinstatement of the property lost
or damaged.
34.11. Deductible - Deductible shall be minimum deductible available in Insurance
Market for Contactor/Subcontractor.
The Contractor shall also use all reasonable endeavors to ensure that its
Subcontractors maintain insurance similar to the insurance required of Contractor in
this Clause 39 with limits of liability and levels of deductibles as mandated by
Applicable Law and if not mandated by Applicable Law then as acceptable to
Contractor.
All property insurances to be availed with minimum deductibles and liability insurances to be
availed with nil deductible.
The Owner shall be named as additional insured under all insurance policies taken out by
the
Contractor / sub-contractors.
The Contractor's Subcontractors shall be named as co-insured’s under all insurance policies
taken
out by the Contractor (wherever applicable) All insurer's rights of subrogation against such
co-
insured’s for losses or claims arising out of the performance of the Contract shall be waived
under
such policies.
The Contractor shall deliver to the Owner certificates of insurance (or copies of the
insurance
policies) as evidence that the required policies are in full force and effect. The certificates
shall
provide that no less than twenty-one (21) days' notice shall be given to the Owner by
insurers prior to cancellation or material modification of a policy.
The Contractor shall ensure that, where applicable, its Subcontractor(s) shall take out and
maintain in effect adequate insurance policies for their personnel and vehicles and for work
executed by them under the Contract, unless such Subcontractors are covered by the
policies taken out by the Contractor.
If Contractor fails to effect and keep in force any of the insurances referred above / required
under
the contract or fails to provide the policies to Owner within the required period (except for
EAR
Insurance policy) then and in any such case without prejudice to the liability of Contractor,
Owner
may effect and keep in force any such insurances and pay any premium as may be paid and
recover the same plus 10% of the premium as service charge from any monies due or
becoming due to contractor, or recover the same as a debt due from contractor.
Unless otherwise provided in the Contract, the Contractor shall prepare and conduct all and
any
claims made under the policies effected by it pursuant to this Clause and all monies payable
by any insurers shall be paid to the Contractor after obtaining consent from the owner. The
Owner shall give to the Contractor all such reasonable assistance as may be required by the
Contractor. With respect to insurance claims in which the Owner's interest is involved, the
Contractor shall not give any release or make any compromise with the insurer without the
prior written consent of the Owner.
The CONTRACTOR may not start work on the site as long as the OWNER is not in
possession of
the required insurance certificates, the presentation of which is also a condition for the
payment of
the invoices issued by the CONTRACTOR. The CONTRACTOR must provide proof those
insurance premiums due have been paid as and when requested by the Owner.
CONTRACTOR as far as possible shall cover insurance with Indian insurance Companies
including marine Insurance during ocean transportation (if applicable).
35 Unforeseen Conditions
[entire clause superseded by SCC]
37 Force Majeure
37.1 “Force Majeure” shall mean any of the following events or circumstances or
combination of the following events or circumstances which are beyond the
reasonable control of the affected Party, which could not have been prevented
by Good Industry Practice or by the exercise of reasonable skill and care and
which or any consequences of which, have a material and adverse effect upon
the performance by the affected Party of its obligations under this Contract:
(d) Earthquake, landslide, volcanic activity, fire, flood or inundation, tidal wave,
typhoon or cyclone, hurricane, storm, lightning, or other inclement weather
condition, nuclear and pressure waves or other natural or physical disaster or
similar acts of God.
37.4 The party who has given such notice shall be excused from the
performance or punctual performance of its obligations under the
Contract for so long as the relevant event of Force Majeure continues
and to the extent that such party’s performance is prevented, hindered
or delayed. The Parties shall thereupon consult with one another
concerning the effect of such delay upon the Contract Schedule and
the Contract Schedule shall be equitably adjusted by the Parties to
take into account such effect and the ability of Contractor to
reschedule project activities to avoid or minimise overall delays
resulting from the Event of Force Majeure. The Time for Completion
shall be extended in accordance with GCC Clause 40.
37.5 Both Parties shall make all reasonable efforts to prevent and reduce to
a minimum and mitigate the effect of any delay occasioned by any
Event of Force Majeure including recourse to alternate acceptable
sources of services, Plant and Equipment and Contractor’s Equipment
The party or parties affected by the event of Force Majeure shall use
reasonable efforts to mitigate the effect thereof upon its or their
performance of the Contract and to fulfill its or their obligations under
the Contract
39.2.6 Upon receipt of the Change Proposal, the Owner and the Contractor
shall mutually agree upon all matters therein contained. Within
fourteen (14) days after such agreement, the Owner shall, if it intends
to proceed with the Change, issue the Contractor with a Change Order.
39.2.7 If the Owner and the Contractor cannot reach agreement on the price
for the Change, an equitable adjustment to the Time for Completion, or
any other matters identified in the Change Proposal, the Owner may
nevertheless instruct the Contractor to proceed with the Change by
issue of a “Pending Agreement Change Order.” Upon receipt of a
Pending Agreement Change Order, the Contractor shall immediately
proceed with effecting the Changes covered by such Order. The
parties shall thereafter attempt to reach agreement on the outstanding
issues under the Change Proposal. If the parties cannot reach
agreement within sixty (60) days from the date of issue of the Pending
Agreement Change Order, then the matter may be referred to the
Adjudicator in accordance with the provisions of GCC Sub-Clause 5.1.
39.4 Without prejudice to any other provision of this Contract, the following
shall not be considered under any circumstances as changes in or
within the Scope of Work, nor shall any of the following be taken into
account when calculating the effect upon the Contract Price of
changes in or within the Scope of Work nor shall any of the following of
themselves be considered the basis for any adjustment of the Contract
Price:
(1) Any escalation in the cost of Plant and Equipment or labour;
(2) Any increase in manpower hourly rates;
(3) Currency fluctuations in respect of costs included within the Contract
Price; and
(4) Any change in the sourcing of Plant and Equipment.
It is agreed that the work shall be subject to further detailing by the
Parties from time to time and that, such detailing shall not be
considered as a change in the Scope of Work. In addition, a request by
Owner that Contractor perform services or provide Plant and
Equipment or Contractor’s Equipment not specifically included within
the Scope of Work shall not be considered a request for a change in
the Work if it is reasonable to infer that the services, Plant and
Equipment or Contractor’s Equipment requested were intended to be
within the Work or are necessary to make the Facilities operable and
capable of performing as specified in the Technical Specifications and
in this Contract.
(5) Suspension of the Contract by the Owner for any reason whatsoever.
40.1 The Time(s) for Completion specified in the SCC shall be extended if
the Contractor is delayed or impeded in the performance of any of its
obligations under the Contract by reason of any of the following:
(a) Any Change in the Facilities as provided in GCC Clause 39.
(b) Any occurrence of Force Majeure as provided in GCC Clause 37, or
other occurrence of any of the matters specified or referred to in GCC
Sub-Clause 32.2
(c) Any suspension order given by the Owner under GCC Clause 41
hereof or reduction in the rate of progress pursuant to GCC Sub-
Clause 41 or
(d) Any changes in Applicable laws and regulations as provided in GCC
Clause 36 or
(e) Any default or breach of the Contract by the Owner, specifically
including failure to supply the items listed in the corresponding
Appendix (Scope of Works and Supply by the Owner) to the Contract
Agreement, or any activity, act or omission of any other contractors
employed by the Owner or
(f) Any other matter specifically mentioned in the Contract by such period
as shall be fair and reasonable in all the circumstances and as shall
fairly reflect the delay or impediment sustained by the Contractor.
41.0 Suspension
41.1 The Owner may for any reason whatsoever including but not limited to
any difficulties associated with RoU, Government permissions, etc., by
suspension order to the Contractor suspend performance of any or all
of its obligations under the Contract. Such notice shall specify the
obligation of which performance is to be suspended, the effective date
of the suspension and the estimated duration of the suspension. The
Owner may by written notice increase or reduce the duration of
suspension. The Contractor shall thereupon suspend performance of
such obligations (except those obligations necessary for the care and
preservation of the Facilities) until ordered in writing to resume such
performance by the Owner. For abundant caution, it is expressly
clarified that the right of the Owner to suspend the contract can be
exercised at any time and from time to time, including but not limited to
during existence of Force Majeure Event(s). In the event that the Owner
issues a suspension order during the existence of a Force Majeure
Event(s), the provisions of this Clause – 41 shall prevail over the
provisions of Clause – 37, and including, without limitation, any
provisions relating to extended Force Majeure and any termination
rights relating thereto. It is expressly agreed that the provisions of this
Clause – 41 shall govern the Contract and the rights and obligations of
the Parties hereunder during the suspension period.
41.4 During the period of suspension, the Contractor shall not remove from
the Site any Plant and Equipment, any part of the Facilities or any
Contractor’s Equipment, without the prior written consent of the Owner.
Moreover, during the period of suspension, the Contractor shall:
42 Termination
42.2 Termination for Owner’s Convenience
42.1.1 The Owner may at any time terminate the Contract for any reason by
giving the Contractor a notice of termination that refers to this GCC Sub-
Clause 42.1.
(b) The costs reasonably incurred by the Contractor in the removal of the
Contractor’s Equipment from the Site and in the repatriation of the
Contractor’s and its Subcontractors’ personnel
(c) Any amounts to be paid by the Contractor to its Subcontractors in
connection with the termination of any subcontracts, provided that
Contract with the Sub-contractors was approved by the Owner prior to
the appointment of the Sub-contractors’.
(d) Costs incurred by the Contractor in protecting the Facilities and leaving
the Site in a clean and safe condition pursuant to paragraph (a) of
GCC Sub-Clause 42.1.2.
42.2.1 The Owner, without prejudice to any other rights or remedies it may
possess, may terminate the Contract forthwith in the following
42.2.4 The Owner may enter upon the Site, expel the Contractor, and
complete the Facilities itself or by employing any third party. The
Owner may, to the exclusion of any right of the Contractor over the
same, take over and use with the payment of a fair rental rate to the
Contractor, with all the maintenance costs to the account of the Owner
and with an indemnification by the Owner for all liability including
damage or injury to persons arising out of the Owner’s use of such
equipment, any Contractor’s Equipment owned by the Contractor and
on the Site in connection with the Facilities for such reasonable period
as the Owner considers expedient for the supply and installation of the
Facilities.
Upon completion of the Facilities or at such earlier date as the Owner
thinks appropriate, the Owner shall give notice to the Contractor that
such Contractor’s Equipment will be returned to the Contractor at or
near the Site and shall return such Contractor’s Equipment to the
Contractor in accordance with such notice. The Contractor shall
thereafter without delay and at its cost remove or arrange removal of
the same from the Site.
42.2.6 If the Owner completes the Facilities, the cost of completing the
Facilities by the Owner shall be determined which cost shall include the
damages suffered by the Owner due to delay or underperformance of
the Contractor calculated at the rate of liquidated damages specified in
the Contract for the delay or underperformance.
If the sum that the Contractor is entitled to be paid, pursuant to GCC
Sub-Clause 42.2.5, plus the reasonable costs incurred by the Owner in
completing the Facilities, exceeds the Contract Price, the Contractor
shall be liable for such excess.
If such excess is greater than the sums due, the Contractor shall pay
the balance to the Owner, and if such excess is less than the sums
due the Contractor under GCC Sub-Clause 42.2.5, the Owner shall
settle the balance with the Contractor.
The Owner and the Contractor shall agree, in writing, on the
computation described above and the manner in which any sums shall
be paid. The Owner shall be entitled to encash the performance
security to recover all or part of its dues from the Contractor.
42.3.1 If
(a) the Owner has persistently failed to pay the Contractor any sum due
and payable under the Contract, the Contractor may give a notice to
the Owner that requires payment of such undisputed sum. If the Owner
fails to pay such sum or give its reasons for withholding such payment
within twenty (20) days after receipt of Contractor’s notice,
then the Contractor shall give a further notice of thirty (30) days to the
Owner, and if the Owner has failed to pay the outstanding sum, the
Contractor may after expiry of the said period, forthwith terminate the
Contract.
42.3.2 The Contractor may terminate the Contract forthwith by giving a notice
to the Owner to that effect, referring to this GCC Sub-Clause 42.3.2, if
the Owner becomes bankrupt or insolvent, has a receiving order
issued against it, compounds with its creditors, or, being a corporation,
if a resolution is passed or order is made for its winding up (other than
a voluntary liquidation for the purposes of amalgamation or
reconstruction), a receiver is appointed over any part of its undertaking
or assets.
42.3.3 If the Contract is terminated under GCC Sub-Clauses 42.3.1 or 42.3.2,
then the Contractor shall immediately
(a) Cease all further work, except for such work as may be necessary for
the purpose of protecting that part of the Facilities already executed, or
any work required to leave the Site in a clean and safe condition
(b) Terminate all subcontracts, except those to be assigned to the Owner
pursuant to paragraph (d) (ii)
(c) Remove all Contractor’s Equipment from the Site and repatriate the
Contractor’s and its Subcontractors’ personnel from the Site.
(d) In addition, the Contractor, subject to the payment specified in GCC
Sub-Clause 42.3.4, shall
(i) Deliver to the Owner the parts of the Facilities executed by the
Contractor up to the date of termination
(ii) to the extent legally possible, assign to the Owner all right, title and
benefit of the Contractor to the Facilities and to the Plant and
Equipment as of the date of termination, and, as may be required by
the Owner, in any subcontracts concluded between the Contractor and
its Subcontractors
(iii) Deliver to the Owner all drawings, specifications and other documents
prepared by the Contractor or its Subcontractors as of the date of
termination in connection with the Facilities.
42.4 In this GCC Clause 42, the expression “Facilities executed” shall include all
work executed, Installation Services provided, and all Plant and Equipment
acquired (or subject to a legally binding obligation to purchase) by the
Contractor and used or intended to be used for the purpose of the Facilities,
up to and including the date of termination.
42.5 In this GCC Clause 42, in calculating any monies due from the Owner to the
Contractor, account shall be taken of any sum previously paid by the Owner
to the Contractor under the Contract, including any advance payment paid
pursuant to the corresponding Appendix (Terms and Procedures of Payment)
to the Contract Agreement.
42.6 Neither Owner nor Contractor shall be entitled on the termination to any
payments of or compensation whatsoever for any loss of profit or anticipated
profit, loss of opportunities or consequential damages or the incurring of
expenditure in the expectation of completing the whole of the Facilities.
43 Assignment
43.1 This Contract shall be binding upon and shall inure to the benefit of the
Parties hereto and their respective successors and duly permitted assigns.
Neither the Owner nor the Contractor [nor any consortium partner] shall,
without the express prior written consent of the other party (which consent
shall not be unreasonably withheld), assign to any third party the Contract or
any part thereof, or any right, benefit, obligation or interest therein or
thereunder, except that the Contractor shall be entitled to assign either
absolutely or by way of charge any monies due and payable to it or that may
become due and payable to it under the Contract.
43.2 In particular, Contractor hereby consents to the grant and creation by Owner
of a security interest in and assignment of this Contract and any and all of
Owner’s rights, title and interests in and under this Contract in favour of any
Lender or its security agent or trustee.
43.3 In furtherance of the same. Contractor does hereby consent to give full
effect to such security interest and assignment, and to enter into such
agreements, direct agreements and consents and deliver such legal
opinions as are reasonably customary and required by the lenders in
connection with the financial closing.
Section V
Special Conditions of Contract
(In case of any contradiction between SCC and GCC
the SCC shall prevail.)
INDEX (SCC)
1.0 DEFINITIONS (GCC CLAUSE 1) 143
2.0 NOTICES (GCC CLAUSE 4) 144
3.0 GOVERNING LAW (GCC CLAUSE 5) 144
4.0 SETTLEMENT OF DISPUTES (GCC CLAUSE 5 & 6) 144
5.0 SCOPE OF FACILITIES [SPARE PARTS] (GCC CLAUSE 6) 144
6.0 TIME FOR COMMENCEMENT AND COMPLETION (GCC CLAUSE 7) 145
7.0 NO LIABILITY FOR SITE CONDITIONS OR TENDER DATA (GCC 9.2 ) 145
8.0 CONTRACT PRICE (GCC CLAUSE 10 AND GCC 36) 146
9.0 SECURITIES (GCC CLAUSE 12) 150
10.0 WORK PROGRAM AND PROGRESS REPORTING (GCC CLAUSE 17) 151
11.0 SUB CONTRACTING (GCC CLAUSE 18) 155
12.0 COMMISSIONING AND OPERATIONAL ACCEPTANCE (GCC CLAUSE 25) 156
13.0 COMPLETION TIME GUARANTEE (GCC CLAUSE 26) AND FUNCTIONAL
GUARANTEE (GCC 28) 157
14.0 DEFECT LIABILITY (GCC CLAUSE 27) 159
15.0 SUPPLY OF WATER AND POWER AT SITE 159
16.0 PERMANENT POWER AND UTILITIES CONNECTIONS 160
17.0 ORDER OF WORKS 160
18.0 ADHERENCE TO LABOUR LAWS 160
19.0 LAND FOR CONTRACTOR’S FIELD OFFICE, GODOWN AND WORKSHOP 161
20.0 SUPPLY OF EQUIPMENT AND MATERIALS 162
21.0 DEMURRAGE AND WHARFAGE 163
22.0 CONSTRUCTION EQUIPMENT, MATERIALS, SPECIAL AIDS, TOOLS AND
TACKLES, INSTRUMENTS, ETC. 164
23.0 BOUGHT-OUT ITEMS 164
24.0 IMPORT LICENSE AND CUSTOMS DUTY ON PLANT & EQUIPMENT 164
25.0 SURVEY AND LEVEL 164
26.0 QUALITY ASSURANCE SYSTEM 165
27.0 SUBSEQUENT LEGISLATION AND WAR RISK–CHANGE IN LAW AND
REGULATION [GCC CLAUSE 36 AND 38] 166
28.0 DEDUCTIONS FROM THE CONTRACTOR’S BILLS 166
The following Special Conditions of Contract (SCC) shall supplement to the General
Conditions of Contract (GCC). Whenever there is a conflict between the provisions in
the GCC and the provisions in the SCC, the provisions herein shall prevail over those
in the GCC. The corresponding clause number of the GCC is indicated in parenthesis
wherever applicable
The Contractor warrants that he has visited and examined the site and carried
out necessary soil tests and Geo-technical investigations and surveys of the
route where the facilities are to be installed and examined all the
surroundings. The Contractor warrants that he is fully familiar with the site
conditions and has obtained all information necessary for preparation of the
price bid and installing and laying the pipeline and commissioning. The
Contractor also warrants that he has examined the Tender Data provided in
the bid document and is fully satisfied to its adequacy for detailed engineering
and construction and commissioning of the pipeline that meets the
specifications and standards and performance norms specified in the Bid
Document. The Owner shall not be liable for any site-related conditions or any
Tender Data provided in the Bid Documents not withstanding anything
contained in the GCC in this regard. The data/ information given in this tender
document is indicative only and in no way guaranteed by the Owner.
Except as otherwise expressly stated in this Contract:
(2) Contractor accepts total responsibility for having foreseen all difficulties
and costs and expenses of successfully completing the Work; and
Contractor agrees that the Owner shall have no liability for the adequacy,
correctness, accuracy or completeness of such data and information. The
Owner makes no representation or warranty, express or implied, as to the
adequacy, accuracy, correctness or completeness of any such data or
information.
GCC 10.2 and GCC 36—The Contract Price shall be fixed and lump sum and
only adjustable as per provisions of the SCC in this regard.
date of award.
No other variations or adjustments shall be allowed except those provided for
in Clause 44 of the SCC. No item or works which are required as per tender
requirements and specifications shall constitute a variation.
There shall be no cap on the total liability of the Contractor for remedying any
defects in the Facilities or compensating the Owner for any damages suffered
due to negligence or misconduct or for whatsoever reasons attributable to the
Contractor.
Owner shall have an unqualified option under the Performance Security to
draw on the guarantee and claim the amount thereunder in the event of
Contractor’s failure to honour any of its obligations, responsibilities or
commitments under this Contract and/or in respect of any amount due from
Contractor to Owner.
The Contractor shall, provide schedule with bar charts prepared in Primavera
(latest version ) within 15 (fifteen) days of receiving Letter of Acceptance of
Contract, covering the Scheduled Status of all functions of the project, like
engineering, procurement, construction and commissioning phases. The
schedule shall clearly indicate early start and finish dates, floats,
predecessors, successors, etc. The schedule shall be reviewed and approved
by the Owner and the agreed schedule shall form the basis of scheduling and
monitoring. Once approved, the schedule shall not be changed, revisions, if
any may be made with the prior approval of Owner.
The schedule for each material requisition from enquiry to receipt at site shall
be given.
- Construction Schedule:
The Contractor shall establish a web-based progress monitoring system which
will be updated on a daily basis. Access to this system shall be made available
to Owner for review. All daily / weekly and monthly progress reports will be
posted on this system on a regular basis. Along with these reports, a graphical
/ pictorial depiction of the progress shall also be prepared and updated on a
regular basis. The format for this system shall be proposed by the EPC
contractor to the Owner and after approval of the same by the Owner, the
system shall be implemented.
Along with the Technical submission, the Bidder will provide proof of a tie-up
with a software solution provider for this requirement. This will include a
detailed execution plan for this implementation. Client may call upon the
bidder to demonstrate the software proposed to be used.
All pipeline construction related documentation (QA/QC and audit compliance
documentation), including the pipe-book, weld-book are required to be handed
over to the client in an electronic format in appropriate formats and systems.
Apart from storing all paper documentation, the software should have requisite
features/ability to generate as-built alignment sheets from varying points of the
pipeline ROW.
The software should also have the feature/ability that the daily progress can be
shown (apart from tabular reports) on a web or GIS front end, with progress of
different activities, geo-referenced to the surrounding land base.
All NDT tests require to be handed over to the client in an electronic format,
duly geo-referenced. as part of the software's archival feature.
The software solution chosen by the Contractor should have been used on at
least two pipeline projects previously (in the last 5 years). One of the two
projects should have been a pipeline of length not less than 50 Km.
The schedule for identical type of items shall be grouped under each discipline
for each unit. The man-hours required for construction of these items shall
form the basis of weightages. Planned resource deployment to suit these
schedules shall also be provided.
Monitoring
(i) Progress Report to be submitted every month to the Owner by last day of
every month with cut-off date of 25th of every month. This report shall include
progress Bar charts (Engineering, Procurement, Constructions & overall
progress), progress curves, executive summary, hold-ups and slippage,
change orders, salient features status of important milestones detailed activity
description done during the month, resource deployment, areas of concerns
and action plan.
Updated copy of Primavera schedule (showing actual start and finish dates,
expected completion dates and percentage progress) shall be submitted to
the Owner along with every monthly report (soft copy in XER format and
colour hard copy). Next month’s proposed activities also to be indicated in the
progress reports.
(ii) Daily and Weekly Construction Progress Report indicating monthly and
cumulative: work planned, previous backlog, achieved, carry forward;
(iii) Equipment & Manpower deployment status Report.
(iv) Engineering Drawing Status Report (Weekly)
(v) Material Status Report (Fortnightly)
dates for factory tests of all supply items enabling the Owner to depute it’s
representative for witnessing the tests. Immediately after award or work,
Contractor shall finalize in consultation with the Owner / Project Manger
representative, list of equipment and other supply items to be inspected by the
Owner / Project Manager, according to the agreed Quality Assurance Plan.
Line Pipes
Valves
Station Pipes
Panels
HDD
SL&R
CP Work
Insulation Joint
OFC
QOC
Pig Launcher / Receiver
Electrical and Instrumentation items.
The Owner will evaluate any alternatives by the bidders, from the final
approved list of sub-contractors and satisfy itself that the alternatives for these
major items satisfy the criteria set by Owner in the bid document with respect
to the standards and specifications for the supply items and there is adequate
warranty for these items.
The Owner may request for substitution of a supplier of a major item/
engineering consultant if it is satisfied that the supplier/ engineering
consultant fails to meet the technical criterion and the bidder will be required
to replace the supplier/ engineering consultant, at no time and cost effect to
the Owner.
The Owner will approve list of sub-contractors (for items other than Major
Items) or Owner appointed engineers from time to time based on submissions
during construction period. Any subcontractor may required to be replaced if
they are demonstrated to be technically incompetent for the task for which
they are being contracted.
All material supplies shall be accompanied by a Third Party Inspection Report
(the procedure whereof will be agreed between the Owner and the
Contractor) based on stage wise inspection by the Third Party Inspector.
Owner shall issue Material Dispatch Certificates before dispatch of any
material. The Owner may waive such requirement at its discretion.
The Owner or its representatives can also carry out verification and inspection
at the factory premises of suppliers at its own cost. Inspection by the Owner
shall not absolve the contractor of any of its responsibilities.
Contractor shall procure and arrange for a certificate or release satisfactory to
Owner that such subcontract or purchase order has been fully performed and
that no property used in connection with the Facilities is subject to any
unsatisfied lien or claim as a result of the performance or non-performance of
such Subcontractor or supplier.
Engineering Consultancy :
The Owner shall also approve the Engineering consultant proposed by the
Contractor. The Contractor shall submit a detailed capability statement of the
proposed Engineering Consultant to the Owner. The engineering sub-
contractor should have carried out engineering for turnkey onshore pipeline
projects of minimum 50 Kms in the last three years.
GCC 25.2 Not withstanding anything contained in the GCC all Labour and
material costs associated with pre-commissioning, commissioning and
operational acceptance tests shall be borne by the Contractor and not by the
Owner as specified in the above clauses.
13.0 Completion Time Guarantee (GCC Clause 26) and Functional Guarantee
(GCC 28)
GCC 26.2—Applicable rate for liquidated damages:
Contractor acknowledges that time is the essence of the Contract and in case
of any delay in completion and commissioning of the facilities and handing
over to Owner (in accordance with Clause 25 of GCC), shall cause Owner
substantial damage. The Contractor hereby agrees to without prejudice to any
other right or remedy available to the Owner under the Contract pay liquidated
damages at rates mentioned herein.
Contractor and Owner agree that the amounts fixed as liquidated damages for
each such guarantee under this SCC are reasonable, considering damages
that Owner would sustain in the event of failure to satisfy guarantee and that
such amounts are agreed upon and fixed as liquidated damages.
The Parties agree that these are a genuine pre-estimates of the losses /
damages which will be suffered on account of the breach of guarantees and
the prescribed amounts of such liquidated damages shall be payable on
demand without there being any proof of the actual loss or damages caused
by such breach. Parties irrevocably further agree that the aforementioned
liquidated damages have been mutually arrived at after joint discussions and
calculations.
The decision of Owner in regard to the actual delay shall be final and binding
on Contractor.
The Contractor agrees that the following rates are a reasonable estimate of
the damages suffered by the Owner due to delay in completion and
commissioning of the facilities and handing it over to the Owner and the
Contractor shall not question the rate of damages in court of law or raise any
question otherwise:
Failure to achieve physical completion and pre-commissioning of the Facilities
as per time schedule: 0.75% of the Contract Price per week for the first four
(4) weeks of delay or part thereof and 1.5% of the Contract Price per week
19.2 On completion of the work undertaken by the Contractor, the Contractor shall
remove all temporary works and have the Site cleared as directed by Owner /
Project Manager. If the Contractor fails to comply with these requirements,
the Owner may, at the expense of the Contractor, remove such surplus and
rubbish materials and dispose of the same as he deems fit and get the site
cleared, and the Contractor shall forthwith pay the amount of all expenses so
incurred by the Owner (the Owner may recover the amount from the pending
bill of the Contractor) and shall have no claims in respect of any such surplus
material disposed of as aforesaid.
19.3 Land for residential accommodation for staff and Labour of Contractor shall,
if so required by him, be arranged by Contractor at his own cost and risk with
no recourse to the Owner.
19.4 Provision of Stockyard or dump yard at 1 or 2 locations shall be in the scope
of EPC Contractor till completion of the contract. .
equipment at any stage. The Contractor shall not create any encumbrances
or charge, lien, mortgages or hypothecation on the aforesaid equipment /
supplies in favour of any institute / organization / bank. The Contractor shall
bear the risk of any loss or damages of the equipment and supplies till these
are finally taken over by Owner, the Contractor shall immediately replace /
repair the lost or damaged equipment and supply entirely at his cost
irrespective of the extent and/or the time of realization of claims by him from
the insurer / underwriter. (The Contractor shall at his own cost insure such
risk). However, wherever required the Contractor will be authorized by the
Owner to lodge and receive insurance claims from insurer of underwriter.
20.6 Owner reserves the right to accept/reject any material at any stage as
per the tender documents.
24.0
Omitted
25.1 Before the start of work or any part thereof, the Contractor’s and Project
Manager shall together survey and take levels of the site and decide all
particulars on which the survey is to be made, and on which the
measurements of the work are to be based. The Contractor shall plot such
particulars and after agreement the Project Manager shall sign the drawings.
25.2 The Contractor shall be entirely responsible for the horizontal and vertical
alignment, the level and correctness of every part of the work and shall rectify
any errors or imperfections therein. The Contractor at his own and risk cost
shall carry out such rectification, when the Project Manager issues
instructions to this effect.
25.3 The Contractor shall give the notice not less than 24 (Twenty-four) hours to
the Project Manager in writing of the work so that arrangements may be made
for checking the same. Work shall be suspended for such times as necessary
for checking lines and levels on any part of the work. The Contractor shall at
his own expense provide all assistance, which the Project Manager may
require for checking the setting out of works.
27.0 Change in Law and Regulation, Subsequent legislation and War Risk
[GCC Clause 36 and 38]
No price variation on account of any Change in Tax Law or Regulation shall
be allowed except as provided for in Clause 44 of SCC. The impact of any
additional time for Completion due to a Change in Applicable Law as may be
allowed will be certified by the Project Manager and binding on the
Contractor. Notwithstanding the foregoing the Owner shall not bear any
liability in respect of:
i) Personal taxes on the personnel deployed by the Contractor, his sub-
contractors and Agents, etc.
ii) The Corporate Taxes or any Surcharge thereon in respect of Contractor, Joint
Venture/Consortium led by Indian Contractor (if allowed) and all of their Sub-
Contractors, Agents, etc. Indian or Foreign-based.
claims within 15 days otherwise the Owner has the right to deduct from
Contractor’s bill of any other amount due to Contractor.
The Owner shall be entitled to deduct all its claims towards damages from the
amounts due to the Contractor, notwithstanding the fact that that the
Performance Security has not been fully exhausted.
29.0 Insurance
The contractor shall arrange, secure and maintain insurance at his own
expense for the insurance covers not specifically taken up by the owner and
the contractors’ quoted price shall be inclusive of all costs on account of
insurance liabilities covered under the contract. The contractor to note that the
beneficiary of insurance cover shall be owner.
Refer complete insurance details and procedure as per GCC clause 34.
Contractor represents that it is fully aware of all of the Applicable Laws, terms
and conditions of any Authorisations, business practices and plant rules and
regulations which must be complied with when performing the Work.
32.2 Procedures
Various procedures, method statements and inspection test plans to be
adopted by Contractor during the construction as required in the respective
specifications shall be submitted to the Owner in due time for approval. No
such activity shall commence unless approved by the Owner / Project
Manager in writing.
32.3 Field Superintendent / Construction Manager
Contractor shall have at all times during the performance of the work, a
competent Superintendent / Construction Manager on the premises. Any
instruction given to such Superintendent shall be construed as having been
given to the Contractor.
32.4 Inspection
The Owner reserves the right to inspect all phases of Contractor’s operations
including field and shop fabrication, equipment assembly, testing, packing
and load-out operations to ensure conformity to the specifications. The Owner
will have engineers, inspectors or other duly authorized representatives,
made known to the Contractor, present during progress of the work and such
Owner’s representatives shall have free access to the work at all times. The
presence or absence of Owner’s Representative does not relieve the
Contractor of the responsibility for quality control in all phases of the work. In
the event that any of the work being done by the Contractor or any sub-
contractor, it is found by Owner’s Representative to be unsatisfactory or not in
accordance with the drawings, procedures and specifications, the Contractor
shall, upon verbal notice (followed by a written notice as soon as practicable)
of such discrepancy or deficiency, take immediate steps to revise the work in
a manner to conform to said drawings, procedures and specifications.
Contractor has to submit the CVs of the key personnel as mentioned above
along with their bid offer. Failure to submit and get approved or mobilize the
key personnel at site shall entitle Owner to invoke its rights under this contract
including but not limited to sub-clause 41 and 42 of GCC.
33.0 Documentation
33.1 “As-Built””
The following documents shall be submitted in hard binder Document by the
Contractor in 7 (seven) sets, as a part of completion documents:
i) Welding Procedure Qualification Report
ii) Batch Test Certificate from manufacturers for electrodes
iii) Welder Qualification Report
iv) Radiographic Procedure Qualification
v) Radiographic Report along with radiographs (Radiographs only with
the original)
vi) Hydrostatic and other test results and reports
vii) Precommissioning / Commissioning checklist
viii) All other requirements as specified in the respective specifications
33.2 Following documents shall be submitted by the Contractor along with the
delivery of Materials at site :-
a) Inspection Release Note of TPIA
b) Material Test Certificates and Test Reports of Material
c) Guarantee Certificates
d) Packing List
e) Delivery Challan
f) Commercial Invoice
g) Excise tax invoice
h) Approved Drawings and or Data Sheets
33.3 Contractor shall be responsible for Entry of goods in SAP .The Service entry
sheet for all the Goods /Invoices shall be done by contractor in SAP.
33.5 Videotape:
Contractor shall develop and submit a video-tape recording of three hours
duration covering the construction activities in detail and cleanup showing the
nature and magnitude of the work. The tape shall be shot and edited to Indian
broadcast standards. Videotape recorded in field shall be shot by professional
camera operators and shall meet the technical standards of the Hi-8 format or
better. Tape shall cover, but not be limited to the following construction
activities:
34.2 The Contractor shall keep at all sites, at least three copies of each and every
drawings, specifications and Contract Document in excess of his own
requirement and those copies shall be available at all times for use by the
Project Manager and by any other person authorized by the Project Manager,
who shall be provided an adequately sized site office or offices, for the safe
keeping and use of such documents, by the Contractor through out the
duration of the Contract.
approaches and working area for the movement and operation of the
equipment. Levelling the areas for assembly and erection shall also be the
responsibility of the Contractor. The Contractor shall acquaint himself with
access availability, facilities such as railway siding, local labour etc. to provide
suitable allowances in his quotation. The Contractor may have to build
temporary access roads, at his own cost and risk, to aid his own work.
35.2 The Contractor shall not use any of the equipment or materials issued to him
by Owner for installation purposes or for laying temporary lines,
manufacturing erection aids, etc. Misuse of materials will entitle the Owner to
make deduction from the Contractor’s bill for such quantities that are misused
at the rates at which the OWNER has procured, transported and stored such
items.
35.3 In the event of a termination of the Contract before the full completion of the
Facilities, for whatsoever reason, no demobilization costs will be paid to the
Contractor unless it has been specifically provided for, in which case it shall
not exceed 2 (two) percent of the Contract Price.
35.4 The Contractor shall indicate separately mobilization and demobilization
charges for major equipments.
36.0 Construction Right of Use and Permits
36.1 The Owner shall be responsible for acquiring and providing Right of Use
(“RoU”) and Right of Way (“RoW”) of the Site under the Gujarat Water and
Gas Pipelines (Acquisition of Right of User in Land Act. The Contractor shall
be responsible for physical possession and all access to the Right of Use and
Right of Way, which it shall arrange to obtain at its own cost and risk . The
obligations of the owner of acquiring ROU shall be deemed to be discharged
in full upon publication of notification under section – 6 (1) of the Gujarat
Water and Gas Pipeline (Acquisition of Right of User in Land) Act. Any ROU
required subsequent to publication of 6(1) notification on account of any
reason whatsoever shall be the sole responsibility of the contractor which
shall be discharged by the Contractor at its own risk and costs.
36.2 The Contractor at his own cost and initiative shall obtain all other permissions,
permits, clearances and licenses necessary for the execution of the work from
all relevant authorities. Insofar as any such permission, permit or license
required for the execution of the work by the Contractor, the same can only
be granted at the request or recommendation of the Owner, the Owner shall,
at the request of the Contractor, take all reasonable steps to assist the
Contractor to obtain or procure the same. The Contractor shall not, however,
be entitled to any additional compensation over and above the price accepted
in the Price Schedule for any hardship or increased cost caused by any
idleness, suspension or disruption of work or any other account whatsoever
as a result of the inability of the Contractor to obtain the permission(s),
permit(s), license(s) aforesaid to match with the progress of the work nor shall
the same constitute a ground for extension of time or delay.
36.3 The Owner shall endeavour to procure the said Right-of-Use for the pipeline
in accordance with the provisions of Gujarat Water and Gas Pipeline
(Acquisition of Right of User in Land) agreed at the commencement of the
work by the Contractor for the construction of the pipeline. If it is not possible
to procure the Right of use for a relevant section, the Contractor shall
commence the work in respect of section or sections wherever the Right-of-
Use is already available. If necessary, because of any problem or difficulty
concerning the Right-of-Use or the procurement thereof in any section or
sections (include due to the existence of any unforeseen or force Majeure
conditions covering at any location / section or sections of the pipeline Right-
of-Use), the Contractor shall within the scope of the work and without
entitlement to additional compensation therefore forthwith proceed to the next
possible point of its continuance, in respect of which Right-of-Use exists
and/or in which the construction work can be continued, and shall move in the
opposite direction, if necessary.
36.4 The Owner does not warrant that the Right-of-Use shall be suitable at all
locations for use and/or movement of vessels and mechanical and other
equipment of the Contractor, and the Contractor shall be responsible at his
own cost, risk and initiative to innovate at site and adopt suitable means to
Costs for the restoration are included in Price, the cost of any additional
damage will be borne by the Contractor, including without limitation, the
following:
• All damage to drainage systems, wells, pipes, tubes, cables and all forms
of surface and underground obstacles, whether or not reported in the
documents of the Agreement;
• All surface and underground subsidence;
• Damage resulting from the closing of entries to Constructions;
• Drinking trough or grasslands or resulting from the straying of cattle due to
a nonconformity on the part of the Contractor;
• Damage caused by the hindering or disruption of works executed by other
contractor on or in the vicinity of the Construction Site, whether or not
requested by the Owner.
• Damages, losses and costs arising on account of suspension of the
Contract by the Owner.
• Loss of crops and any other damage due to the exceeding of the period of
occupation (as specified in technical specification) per section of the line.
All direct or indirect damages, such as structural damage and damage to
crops outside the limits of the working strip shall be borne by the Contractor,
without limitation, irrespective of the cause. The following cases are
mentioned in particular, but this list is not limitative:
• The damage caused to adjoining areas, to the occupiers and/or owners of
the land or the substratum, as well as to the Constructions and
installations that are located there, on which or in which or in the vicinity of
which the Works are being executed.
• The damage caused to cultivated crops and vegetation due to a lowering
of the water level. The Contractor shall inform the OWNER without delay
whenever he exceeds the limits of the worksite.
36.9 The liability of the Owner with respect to RoU shall be completed upon
publication of notification under section – 6(1) of the Gujarat Water and Gas
Pipeline (Acquisition of Right of User in Land) Act. All work related to physical
RoU acquisition viz. local liaison and interface shall be the responsibility to the
account of the Contractor. For RoU across various crossings and statutory
permissions all coordination with agencies shall be done by the Contractor.
36.10 All temporary facilities and relocation of utilities and other facilities will be
done by the Contractor at his own cost and risk.
36.11 The Contractor shall be responsible for restoring the Right of Use and Right
of Way and obtaining the relevant No Objection Certificates within a
36.14 All statutory permits and clearances related to the construction activity (not
related to the ownership and operation of the pipeline) and new ROU required
to be acquired on account of any reason whatsoever shall be procured by the
Contractor at its own cost and risk.
The ownership of such Owner Supplied Material shall remain with the Owner
and the Contractor shall be in possession of the same for the purposes of the
Contract, merely as a trustee of the Owner.
All cut pieces of pipe measuring in length less than 2 m shall be considered
as scrap and not taken back by Owner. Maximum 0.25% of main pipeline
length (calculated as per procedure mentioned aforesaid) shall be allowed as
scrap.
40.5 The Contractor shall furnish seven (7) prints each of the drawings for
approval of the Project Manager.
40.6 The Contractor shall not permit any work to be done or any material to be
supplied or fabricated or manufactured at variance with drawings, designs,
specifications reviewed / approved by the Project Manager / Owner as the
case may be and / or as amended or modified. The reviewed / approved
drawings may be released to the Contractor for fabrication / installation
progressively.
40.7 Unless otherwise required at least 3 (three) sets of direct reading
reproducibles no lower in quality than auto positive of extra thin paper able to
produce class legible prints (the reproducibles to be submitted in roll forms)
and 3 (three) sets of prints of all approved plan, drawings, designs,
specifications prepared by the Contractor, together with similar sets of the
reproducibles and prints of all revisions / amendments / modifications therein
shall be lodged with the Project Manager for the record of the Owner, such
sets of plans, drawings, designs, specifications to be signed by the Contractor
and to indicate thereon the number and date of each revision/amendment
and of the communication of the Project Manager for the approval thereof by
which the approval was given.
authorities shall however, not absolve the Contractor from any of his
responsibilities under this Contract.
44.0 Price Variation or Escalation
Notwithstanding anything contained in this Agreement the Contract Price shall
be deemed to be firm and valid for the entire duration of the Contract till the
completion of works and the performance tests, and shall not be subject to
any adjustment due to increase in price of materials, utilities, or any other
input for performance of work or due to any delays foreign exchange
fluctuations or escalation on any ground whatsoever except as provided in
Clause 8 of SCC and in this Clause 44 of SCC.
The Contract Price may be varied due to an agreed Change Order being
agreed as per provisions of this Agreement, provided the total quantum of
such Change Orders to be issued under this Agreement shall not exceed the
initially agreed Contract Price by fifteen (15) percent beyond which the Owner
retains the right to obtain competitive offer for such additional works.
The Contract Price may be varied due to situations giving rise to Change in
Tax Law as defined in GCC arising between the date of bid submission and
the Scheduled Completion Period with respect to supply of services and
goods under the contract other than Contractor Equipment. The Indirect
Taxes that shall be considered for Change in Tax Law shall be limited to the
following taxes leviable on the direct transaction between the Contractor and
the Owner unless specified otherwise below:
• State and Central Sales Tax/VAT/Works Contract Tax under
•Service tax (other than GSPL service tax)• Excise Duty (CENVAT) (levied in
India on the manufacturer of the Plant and Equipment, regardless of whether
the Contractor is the manufacturer or has procured the goods from a
manufacturer). This is however subject to the Contractor issuing appropriate
documents enabling the Owner to claim credit of such duties.
The total quantum of such increases allowed under variation of Indirect Taxes
shall not exceed 2% of the initial agreed Contract Price and shall be certified
by an Independent reputed firm of Chartered Accountant acceptable to the
Owner.
Further, such variation shall be made only in respect of taxes ( both nature and
quantum) originally factored by the Contractor in their initial bid offer, unless the
tax sought to be recovered is a new tax arising on account of Change in Tax Law
which was not in force on the date of bid submission.
successful bidder and the Owner based on terms contained in the aforesaid
documents and the finally submitted and accepted prices.
46.2 The Contract Document shall include the following:
a) Original bid documents issued with its enclosures.
b) Addendum / Corrigendum to bid documents issued, if any.
c) The notification of acceptance of bid.
d) Final accepted bid together with all clarificatory official correspondence.
e) The detailed Letter of Acceptance.
49.0 Crossings
49.1 HDD Crossings :
Refer Technical specification and data sheets of HDD for quantity.
Necessary permits and approvals from the government / statutory authorities
to be obtained by the Contractor for carrying out work on crossings.
If any additional land is required to execute river crossings / any crossing,
Contractor shall obtain the same at his own risk and cost.
49.2 Crossings :
Refer Technical specification and data sheets of for crossings details.
49.3 In the event of any contradiction, of any methodology and cover over the
pipeline at the crossings, the requirements of the Govermental Authorities
shall prevail and shall be binding on the Contractor.
51.2 Owner reserves the right to employ his own TPIA as indicated in the
subsequent sections.
51.3 Owner will appoint an independent TPIA for construction of total pipeline.
51.4 Owner reserves the right to appoint an agency(ies) for quality surveillance
during the time of production and supply of major items.
51.5 Owner/ Owner’s representative reserves the rights of unlimited access for
audit and inspection at Contractor, sub-contractor / vendor’s plants / work
sites at any stage during the Project.
51.6 First day production and quality checks shall be carried out in presence of
Owner / Owner’s representatives / TPIA.
51.7 EPC Contractor shall ensure that TPI inspectors have sufficient experience
and qualification to fulfil the inspection of specified items. EPC contractor
shall submit the CVs of proposed personnel before putting them on to the job.
The Contractor shall give the Owner not less than 3 (three) working days for
its approval.
51.8 Inspection and test plans (ITP) are to be developed for all items of supply and
items of construction as per his QA/QC plan by Contractor and submit the
same to Owner for his review / approval within fifteen (15) days after award of
work. Owner will review the ITPs and approve the same for implementation in
the work.
52.4 The venue and schedule of carrying out the HAZOP shall be mutually
discussed between the Owner and Contractor and the HAZOP study shall be
carried out as per the agreed procedure.
52.5 All expenses like HAZOP chairman’s fees, documentation, administration of
the HAZOP study including preparation of HAZOP report shall be at the cost
and risk of the Contractor.
52.6 Any additions / revisions to the engineering arising out of the HAZOP study
including revisions to documents, procurement, supply, installation and
testing shall be borne by the Contractor at no additional cost to the Owner.
52.7 HAZOP study shall be carried out and the related activities shall be
completed in all respects not later than the physical completion.
57.0 Calibration
Calibration of all equipment and instruments shall be included in the lump
sum price at no extra time and cost effect to the Owner. Along with the same,
relevant documents including third party witness reports shall be provided to
owner.
SECTION VI
Price Schedules
General
The Price Schedules are divided into separate Schedules as follows:
The Price Schedules do not generally give a full description of the plant and
equipment to be supplied and the services to be performed under each item.
Bidders shall be deemed to have read the Technical Specifications and other
sections of the bidding documents and reviewed the Drawings to ascertain the full
scope of the requirements included in each item prior to filling in the rates and
prices. The entered rates and prices shall be deemed to include for the full scope as
aforesaid, including overheads and profit.
If bidders are unclear or uncertain as to the scope of any item, they shall seek
clarification in accordance with the Instructions to Bidders in the bidding documents
prior to submitting their bid.
Pricing
The Lump sum price quoted as per Schedule 4 shall be considered for evaluation
and award. The total payment shall be made accordingly.
Prices shall be filled in indelible ink, and any alterations necessary due to errors, etc,
shall be initiated by the Bidder.
For each item, bidders shall complete each appropriate column in the respective
Schedules, giving the price breakdown / details as indicated in the Schedules.
Prices given in the Schedules against each item shall be for the scope covered by
that item as detailed in the Technical Specifications, Drawings or elsewhere in the
bidding documents.
Where there are errors between the total of the amounts given under the column for
the price breakdown and the amount given under the Total Price, the former shall
prevail and the latter will be corrected accordingly. Where there are discrepancies
between amounts stated in figures and amounts stated in words, the amounts stated
in words shall prevail.
Payments will be made to the Contractor in the relevant currency (Indian Rupee)
indicated in the Bid Documents after making all statutory deductions, as permitted by
Indian Laws.
Items left blank will be deemed to have been included in other items.
When requested by the Owner for the purposes of making payments or part
payments, valuing variations or evaluating claims, or for such other purposes as the
Owner may reasonably require, the Contractor shall provide the Owner with a
breakdown of any composite or lump sum items included in the Schedules.
The sizes of plots for the stations and the sizes and details of the buildings given in
the drawings are indicative only and may change during detailing stage. The prices
quoted by the Bidder shall accommodate any variation as mentioned in SCC.
In accordance with the provisions of GCC Clause 11 (Terms of Payment), the Owner
shall pay the Contractor in the following manner and at the following times, on the
basis of the Price Breakdown given in the section on Price Schedules. Payments will
be made in the currencies quoted by the Bidder unless otherwise agreed between
the parties. Applications for payment in respect of part deliveries may be made by
Payment Procedures
The procedures to be followed in applying for certifying and making payments shall
be based on the final agreed schedule and method of payment agreed between the
owner and the contractor based on the percentages indicated below, after deducting
security deposit at the rate of 10% against each bill.
SECTION VII
1. General 202
2. Change Order Log 202
3. References for Changes 202
ANNEXES
General
This section provides samples of procedures and forms for implementing changes
in the Facilities during the performance of the Contract in accordance with GCC
Clause 39 (Change in the Facilities) of the General Conditions of Contract.
The Contractor shall keep an up-to-date Change Order Log to show the current
status of Requests for Change and Changes authorized or pending, as Annex 8.
Entries of the Changes in the Change Order Log shall be made to ensure that the
log is upto date. The Contractor shall attach a copy of the current Change Order Log
in the monthly progress report to be submitted to the Owner.
References for Changes
Note: (a) Requests for Change issued from the Owner’s Home Office and the
Site representatives of the Owner shall have the following respective
references:
Home Office CR-H-nnn
Site CR-S-nnn
(b) The above number “nnn” is the same for Request for Change,
Estimate for Change Proposal, Acceptance of Estimate, Change
Proposal and Change Order.
Annex 1
Request for Change Proposal (Owner’s Letterhead)
With reference to the captioned Contract, you are requested to prepare and submit
a Change Proposal for the Change noted below in accordance with the following
instructions within [number] days of the date of this letter[or on or before (date)].
- You shall not proceed with the execution of the work for the requested
Change until we have accepted and confirmed the amount and nature in
writing.
(Owner’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
Annex 2
Estimate for Change Proposal (Contractor’s Letterhead)
With reference to your Request for Change Proposal, we are pleased to notify you of
the approximate cost of preparing the below-referenced Change Proposal in
accordance with GCC Sub-Clause 39.2.1 of the General Conditions of Contract. We
acknowledge that your agreement to the cost of preparing the Change Proposal, in
accordance with GCC Sub-Clause 39.2.2, is required before estimating the cost for
change work.
(Contractor’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
Annex 3
Acceptance of Estimate (Owner’s Letterhead)
(Owner’s Name)
(Signature)
Annex 4
Change Proposal (Contractor’s Letterhead)
In response to your Request for Change Proposal No. [Number], we hereby submit
our proposal as follows:
(Amount)
Direct material
Subcontracts
Site supervision
Total hrs
12. Validity of this Proposal: within [Number] days after receipt of this Proposal by
the Owner
- The amount of any increase and/or decrease shall be taken into account
in the adjustment of the Contract Price.
(Contractor’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
Annex 5
Change Order (Owner’s Letterhead)
We approve the Change Order for the work specified in the Change Proposal
(No.[Number]), and agree to adjust the Contract Price, Time for Completion and/or
other conditions of the Contract in accordance with GCC Clause 39 of the General
Conditions of Contract.
5. Authorized Price:
Annex 6
Pending Agreement Change Order (Owner’s Letterhead)
We instruct you to carry out the work in the Change Order detailed below in
accordance with GCC Clause 39 of the General Conditions of Contract.
(Owner’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
Annex 7
Application for Change Proposal (Contractor’s Letterhead)
To: [Owner’s name and address] Date: _____________
(Contractor’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
Annex 8
Waiver/Deviation Permit
Under present constraints requested waiver/deviation is most optimum for the Project
and does not involve any security and safety hazard.
Date: Signature:
Name:
Decision on waiver/deviation with remarks
[To be filled by the department/division by Owner’s Representative (H.O) (if required)
for conveying to the Originator]
Date: Signature:
Name:
Decision on waiver/deviation with remarks
[To be fill by the department/division by Owner (S.O) for conveying to the Originator]
Date: Signature:
Name:
Decision on waiver/deviation with remarks
[To be filled by the department/division by Owner (H.O) (if required) for conveying to the
Originator]
Date: Signature:
Name:
SECTION VIII
CONTENT
1.0 Covering Letter for submission of bid 222
2.0 F-1 Bid form and appendix to bid form 224
3.0 F-2 Bidders General Information 226
4.0 F-3 List of enclosures 229
5.0 F-3A Annual Turnover 230
6.0 F-4 Present commitment of Bidder 231
7.0 F-5 Details of subcontractors 232
8.0 F-6 No Deviation / Modifications 233
9.0 F-7 P F Registration 234
10.0 F-8 Letter of Authority 235
11.0 F-9 Consortium Agreement 236
12.0 F-10 Performa for EMD 239
13.0 F-11 Performance Bank Guarantee & Advance 241
Bank guarantee
14.0 F-12 Equipment mobilisation bank Guarantee 249
15.0 F-13 Declaration of credit input in the bid price 253
16.0 F-14 Indemnity bond 254
17.0 F-15 Certificate 258
18.0 F-16 Check list 259
19.0 F-17 Contractor HSE agreement 261
20.0 Draft contract agreement 265
1. I/We (Bidder Name _________________) hereby confirm that the required material shall be
supplied as per TENDER DOCUMENT within the specified completion period. A separately signed
and accepted, Schedule of Rates quoted for the complete material required / quoted in
accordance with Notice Inviting Tender, General Conditions of Contract, Special Conditions of
Contract, Schedule of Rates of Completion of Job, Technical specifications and other documents
and papers, all as detailed in the Tender documents is also submitted.
2. It has been explained & understood to me/us that the time stipulated for jobs and completion of
supply in all respects and in different stages mentioned in the "Time Schedule" of completion of
jobs and signed and accepted by me/us is the essence of the CONTRACT. I/We agree that in the
case of failure on my/our part to strictly observe the Time of Completion mentioned for jobs or any
of them and to the Final Completion of supply in all respects according to the schedule set out in
the said "Time Schedule" of completion of jobs, I/We shall pay compensation to the OWNER as
per provisions and stipulations contained in General Conditions of Contract and I/We agree to
recovery being made as specified therein. In exceptional circumstances, extension of time which
shall always be in writing may, however, be granted by the Project manager / Engineer-in-Charge
at his entire discretion for some items of supply, and I/We agree that such extension of time will
not be counted for the extension of completion dates stipulated for job and for the Final
Completion of supply as stipulated in the said "Time Schedule" of completion of jobs.
3. I/We also agree to pay the Bid Security / Earnest Money Deposit and accept the terms and
conditions laid down in the memorandum below in this respect.
MEMORANDUM
(c) Performance Guarantee Deposit: 15% of the CONTRACT / Order amount which will
be paid in the manner set out in the General Terms
& Conditions & as per the format attached.
4. Should this tender be accepted, I/We hereby agree to abide by and fulfill all terms and
conditions referred to above and in default thereof, to forfeit and pay to the OWNER or its
successors or its authorized nominees such sums of money as are stipulated in conditions
contained in General Tender Notice and other Tender Documents.
5. I/We hereby pay the Earnest Money / Bid Security of Rs._____________________ (Rupees
_________________________________) in Bank Demand Draft/Bank Guarantee
No.,____________________ issued by _____________________ (name and office of the
State Bank of India or any Nationalized Bank) in favour of Gujarat State Petronet Ltd.,
Gandhinagar.
6. If I/We fail to commence the scope of supply in the bid document, or I/We to deposit the
amount of Security Deposit specified in the Memorandum in (3) above, I/We agree that the
said OWNER or its successors without prejudice to any other right or remedy be at liberty to
forfeit the said Earnest Money / Bid Security in full, otherwise the said Earnest Money / Bid
Security shall be retained by OWNER towards the Security Deposit specified in (3) above. The
said OWNER shall also be at liberty to cancel the Notice of Acceptance of Tender if I/We fail
to deposit the Security Deposit as aforesaid or to execute an Agreement or to start SUPPLY
as stipulated in the Tender Documents.
I/We enclose herewith evidence of my/our experience of execution of works of similar nature
and magnitude carried out by me/us in the prescribed proforma.
Yours faithfully,
F-1
Dear Sir,
After examining/reviewing the bid documents for PIPE LINE CONSTRUCTION PACKAGE for
Padamla to Godhara Pipeline Project, including technical specifications, drawings, IFB, ITB, GCC,
SCC, SOR etc. the receipt of which is hereby duly acknowledged, we, the undersigned, pleased to
offer to execute Facility in conformity with the said Bid Documents, including Addenda Nos.
____________.
We confirm that our bid is valid for a period of four (4) months from the date of opening of Techno-
Commercial Bid, and it shall remain binding upon us and may be accepted by any time before the
expiration of that period.
If our bid is accepted, we will provide the performance guarantee equal to 15% (fifteen per cent) of the
Contract Price, for the due performance within fifteen Days of such award.
Enclosed herewith is the Appendix to the Bid form duly completed and signed. Until a final Contract is
prepared and executed, the bid together with your written acceptance thereof in your notification of
award shall constitute a binding Contract between us.
We understand that Bid Documents are not exhaustive and any action and activity not mentioned in
Bid Documents but may be inferred to be included to meet the intend of the Bid Documents shall be
deemed to be mentioned in Bid Documents unless otherwise specifically excluded and we confirm to
perform for fulfilment of Contract and completeness of the Facility in all respects within the time frame
and agreed price.
We understand that you are not bound to accept the lowest priced or any bid that you may receive.
(SIGNATURE OF WITNESS)
WITNESS NAME:
ADDRESS:
Amount of Performance Guarantee (15% of the Contract Price valid till Operational acceptance by
the Owner and thereafter 15% of the Contract Price valid till 60
(sixty) days beyond Defect Liability Period )
Liquidated Damage:
(a) For Delay LD @ 0.75 % of the Contract price for each week or part thereof
and @1.5% of the contract price per week thereafter delay in
achieving Commissioning (Operational Acceptance)
(c) Maximum LD
LD will be capped at 15% of the Contract price
Period of defect liability 24 months from the date of Completion of the proposed project.
F-2
BIDDER’S GENERAL INFORMATION
To
1-1 GENERAL
1. Bidder Name
7. E-mail address
8. Website
18. PAN No
20. CST No
21. Local ST No
Note:
1 India bidder’s has to submit the supporting document confirming the
above registrations (S. NO. 18 to 24).
II
1-3 Details of laying of Pipe Line Project executed (for meeting qualifying requirement)
F- 3
LIST OF ENCLOSURES
Gujarat State Petronet Ltd,
GSPL Bhavan,
Sector 11, Gandhinagar-382011
Gujarat, INDIA
Dear Sir,
We are enclosing the following documents as part of the bid:
1. Power of Attorney of the signatory to the bid document.
2. Annual report along with the details such as, Balance Sheet, Annual turn over, P&L A/C
Sheet, net worth etc for the last three years.
3. Organisation chart and the structure assigned for execution of the work under this bid. In case
of consortium, clearly identifying & reflecting the role of each consortium member, as
specified, Responsibility matrix..
4. Construction Methodology & Project Management Plan
5. Execution schedule with interlinking of various activities
6. Detailed CV & employment record of the key personnel for the deployment at the project
management of various activities.
7. Confirmation regarding minimum equipment deployment as per the bid requirement clearly
indicating the source of proposed equipment to be deployed (hired / owned). In case of hired
equipment, necessary consent letter from hiring agencies to be provided.
8. List of proposed vendors / sub contractors for major item of supply / sub contracts etc.
9. List of Operational spares for 2 years.
10. Copy of bid documents along with addendum/corrigendum no. .. duly signed and sealed on
each page, in token of confirmation that Bid Documents are considered in full while preparing
the bid and in case of award, work will be executed in accordance with the provisions detailed
in Bid Documents.
F- 3A
ANNUAL TURNOVER
Each Bidder must fill in this form
Bidder Name:
Annual Turnover data for the last 3 years:
Year Currency Amount Ex. Rate (*) of dtd Amount (INR) (*)
Year 1:
Year 2:
Year 3:
Each member of a JV/Consortium must fill in this form (JV / Consortium) if applicable
Year Currency Amount Ex. Rate (*) of dtd Amount (INR) (*)
Leader of JV /
Consortium (Name)
Year 1:
Year 2:
Year 3:
Partner – A (Name)
Year 1:
Year 2:
Year 3:
Partner – B (Name)
Year 1:
Year 2:
Year 3:
1. The information provided should be the Annual Turnover of the bidder & each member do a
consortium.
2. In case of more partners the above details of each partner has to be filled-in.
3. Either above data has to be certifying by Charted Accountant or supported by audited Balance
sheets.
F-4
Note: This list must be a full list of all type of works in hand.
SEAL AND SIGNATURE OF BIDDER
F- 5
Dear Sir,
FORM -6
NO DEVIATION CERTIFICATE
Date :
Place :
F- 7
PF REGISTRATION
Gujarat State Petronet Ltd,
GSPL Bhavan,
Sector 11, Gandhinagar-382011
Gujarat, INDIA
Dear Sir,
We hereby confirm that the following PF Account is under operation and shall be used for all PF related
activities for the labour engaged by us for the Facility (if awarded to us)
PF REGISTRATION NO. :
We hereby confirm that we shall register with Indian Provident Fund Authorities not later than 30 days
of the award of the work, in case the work is awarded to us and will inform immediately thereafter the:
PF REGISTRATION NO. :
F- 8
LETTER OF AUTHORITY
PROFORMA FOR LETTER OF AUTHORITY FOR ATTENDING AND
SUBSEQUENT NEGOTIATIONS/CONFERENCES
No. Date:
Dear Sir,
Yours faithfully,
Signature
Note: This letter of authority should be on the letterhead of the bidder and should be signed by a
person competent and having the power of attorney to bind the bidder.
Not more than two persons are permitted to attend techno–commercial un-priced and price
bid opening.
F-9
CONSORTIUM AGREEMENT
(To executed on non-judicial stamp paper of appropriate value)
This Consortium Agreement executed on this ……………. day of …………… two thousand …………
between M/S. ……………………………………………………………………., a company incorporated
under the laws of …………………………………….. and having its registered / principal office at
………………………………………. (herein after called the ‘Partner -I’ / ‘Lead Partner’ which
expression shall include its successors, executors and permitted assigns) and M/S. ………….
………………………………………………………………, a company incorporated under the laws of
………………………………………… and having its registered / principal office at ……………
…………………………………… (herein after called the ‘Partner – II’ / ‘Second Partner’ which
expression shall include its successors, executors and permitted assigns), for the purposes of making
a bid and entering into a contract (in case of award) ……………………[similarly list third partner, if any]
in response to bid document no. ………………… for the work of
……………………………………………………………………….. (name of package) of M/S.
……………………………………………………. (herein after called the ‘Employer’ / ‘Owner’).
WHEREAS, the Employer invited bids vide its bid document no. ……………………………. for the
design, engineering, manufacture, testing, packing, supply, transportation, storage, preservation,
erection, testing and commissioning of ……………………………… (package) (herein after called the
‘Plant’).
AND WHEREAS, Clause no. of Instructions to Bidders (ITB), forming an integral part of the
bid documents, bids from Consortium entities will also be considered by the Employer provided they
meet the specific requirements in that regard as stipulated therein. As a pre condition for such bidding
as per clause no. ……………. of ITB, the Consortium bidder shall provide in its bid, a Consortium
Agreement as per this format in which the partners to the Consortium are jointly and severally liable to
the Employer to bind themselves to the bid conditions, accept the contract award, if selected and
perform all the contractual obligations thereto.
AND WHEREAS the bid has been submitted to the Employer vide our proposal no. ……………………
dated ………………. based on the Consortium Agreement being these presents and the bid with its
bid forms and submission documents, in accordance with the requirement of
clause(s)…………………….. ITB, have been signed by both the partners and submitted to the
Employer.
In consideration of the above premises and agreements both the partners to this Consortium do
hereby now agree as follows:-
1. We the partners in the Consortium hereby confirm that the name and style of the Consortium
shall be ……………………………………………………………
2. In consideration of the bid submission by us to the Employer and the award of contract by the
Employer to the Consortium (if selected by the Employer) , we the partners to the Consortium,
hereby agree that the Partner – I (M/S. ………………………………………………… ) shall act
as the lead partner for self, and for and on behalf of Partner – II and/or on behalf of Partner –
III and further declare and confirm that we shall jointly and severally be bound to unto the
Employer for execution of the contract in accordance with the contract terms and shall jointly
and severally be liable to the Employer to perform all contractual obligations including
technical guarantees. Further, the Lead Partner is authorised to incur liabilities and receive
instructions for and on behalf of any or both partners of the CONSORTIUM and the entire
execution of the Contract including receiving / making payments, shall be done exclusively by
the Lead Partner.
3. In case of any breach of the said Contract by any of the partners of the CONSORTIUM, we
hereby agree to be fully responsible for the successful execution / performance of the
Contract in accordance with the terms the Contract.
4. Further, if the Employer suffered any loss or damage on account of any breach of the
Contract or any shortfall in the completed equipment / plant, meeting the guaranteed
performance parameters as per the technical specifications / contract documents, the Second
Partner of these presents undertakes to promptly make good such loss or damage caused to
the Employer, on the Employer’s demand without any demure. It shall neither be necessary
nor obligatory on the part of the Employer to proceed against the Lead Partner to these
presents before proceeding against the Second Partner.
5. The financial liability of the partners to this Consortium Agreement, to the Employer with
respect to the any or all claims arising out of the performance or non-performance of the
Contract shall, however be not limited in any way so as to restrict or limit the liabilities of either
of the partner.
6. It is expressly understood and agreed between the partners to this agreement that the
responsibilities and obligations of each of the partners shall be as delineated in ‘Appendix I’ to
this agreement. It is further agreed by the partners that the above sharing of responsibilities
and obligations shall not in any way be a limitation of the joint and several responsibilities of
the partners under the Contract.
7. This Consortium Agreement shall be governed, construed and interpreted n accordance with
Laws of India and courts of ……………………… (specify the appropriate jurisdiction) shall
have exclusive jurisdiction in all matters arising thereunder.
8. In case of award of contract, we the partners to this Consortium Agreement do hereby agree
that we shall furnish the contract performance guarantee in favour of the Employer from a
bank acceptable / approved by the Employer for a value as stipulated in the Contract Award
and such guarantee shall be in the names of both the partners of the Consortium.
9. It is further agreed that this CONSORTIUM Agreement shall be irrevocable and shall form an
integral part of the Contract and shall continue to be enforceable till the Employer discharges
the same. It shall be effective date first above mentioned for all purposes and intents.
IN WITNESS WHEREOF, the partners to this Consortium agreement have, through their respective
authorised representatives, have executed these presents and affixed their hands and common seal
of their respective companies on the day, month and year first abovementioned.
Name ……………………………..
Designation ………………………..
For M/S. ……………………………………
Name ……………………………..
Designation ………………………..
Name ……………………………..
Designation ………………………..
F-10
Dear Sir(s),
This guarantee shall be irrevocable and shall remain valid upto ____________ [this date should be 6
months after the date finally set out for closing of tender]. If any further extension of this guarantee is
required, the same shall be extended to such required period on receiving instructions from
M/s.__________________________________________________________________________
whose behalf this guarantee is issued.
In witness whereof the Bank, through its authorised officer, has set its hand and stamp on this
___________day of ____________200 __at____________.
WITNESS:
(SIGNATURE) (SIGNATURE)
(NAME) (NAME)
Designation with Bank Stamp
Date: ________________________
1. The Bank Guarantee by bidders will be given on non-judicial stamp paper as per stamp duty
applicable. The non-judicial stamp paper should be in the name of the issuing bank. In case
of foreign bank, the said banks guarantee to be issued by its correspondent bank in India on
requisite non-judicial stamp paper.
2. The expiry date as mentioned in bid document should be arrived at by adding two (2)
months to the date of expiry of the bid validity unless otherwise specified in the Bid
Documents.
3. The bank guarantee by bidders will be given from bank as specified in ITB
4. A letter from the issuing bank of the requisite Bank Guarantee confirming that said bank
guarantee /all future communication relating to the Bank Guarantee shall be forwarded to
the Employer at its address as mentioned at ITB.
5. Bidders must indicate the full postal address of the bank along with the bank’s E-mail/ Fax/.
From where the earnest money bond has been issued.
6. If a bank guarantee is issued by a commercial bank, then a letter to Employer confirming its
net worth is more than Rs. 1,000,000,000/- (Rupees one hundred crore) or equivalent along
with a documentary evidence.
F-11
[Name of Contract]
the Owner, has at the request of the Contractor agreed to issue this performance
bank guarantee in favour of the Owner.
would, but for this provision, have the effect of relieving the Bank of its
obligations under this Guarantee.
(6) The Bank’s obligations under this Guarantee shall not be reduced by reason
of any partial performance of the Contract. The Bank’s obligations shall not
be reduced by any failure by Owner to timely pay or perform any of its
obligations under the Contract.
(7) Any payment made hereunder shall be made free and clear of and without
deduction for, or on account of, any present or future taxes, levies, imposts,
duties, charges, fees, commissions, deductions or withholdings of any nature
whatsoever and by whomever imposed; and where any withholding on a
payment is required by law, the Bank shall comply with such withholding
obligations and shall pay such additional amount in respect of such payment
such that Owner receives the full amount due hereunder as if no such
withholding had occurred.
(8) This Guarantee shall be a continuing bank guarantee and shall not be
discharged by the change in constitution of any member of the Contractor and
the Guarantee shall not be affected or discharged by the liquidation, winding
up, bankruptcy, reorganisation, dissolution or insolvency of any member of
the Contractor or any other circumstances whatsoever.
(9) This Guarantee shall be in addition to and not in substitution or in derogation
of any other security held by the Owner to secure the performance of the
obligations of the Contractor under the Contract.
(10) The Bank agrees that the Owner at its option shall be entitled to enforce this
Guarantee against the surety, as a principal debtor in the first instance
without proceeding at the first instance against the Contractor.
(11) Without prejudice to any continuing liability to perform obligations under this
Guarantee which have arisen prior thereto, the Bank shall be released from
any further obligations arising hereunder after [insert] (insert the date.).
(12) The Owner may assign this Guarantee to any person and in such case the
Owner shall inform the Bank in writing. This Guarantee shall not be assigned
or transferred by the Bank.
(13) All disputes arising under this Guarantee shall be referred to a tribunal
comprising three (3) arbitrators under the (Indian) Arbitration and Conciliation
Act, 1996. Each Party to the arbitration shall appoint one (1) arbitrator and
the two (2) arbitrators thus appointed shall choose the third arbitrator who will
act as a presiding arbitrator of the tribunal (together forming the “Arbitral
Tribunal”). The decision(s) of the Arbitral Tribunal, shall be final and binding
on the Parties. The venue of arbitration shall be [Ahmedabad]. This Clause
13 shall survive the termination or expiry of this Guarantee. The governing
law of the arbitration shall be the substantive laws of India.
(14) This Guarantee shall be construed and interpreted in accordance with and
governed by the laws of India, and subject to Clause (13) above the courts at
[Ahmedabad] shall have jurisdiction over all matters arising out of or relating
to this Guarantee.
(15) The Bank has the power to issue this Guarantee in favour of the Owner. The
aggregate liability of the Bank under this Guarantee shall not under any
circumstance exceed Indian Rupees [insert] (insert an amount equal to fifteen
percent (15%) of the Contract Price).
(16) Notwithstanding anything contained herein, this Guarantee shall be valid up
to twenty four (24) months after the date of Operational Acceptance or the
expiry of the Defects Liability Period (including any extensions thereof, written
notice of which shall be provided to the Bank), whichever occurs later. A
written claim or demand shall be served upon us on or before the said date,
after which This Guarantee shall become null and void.
(17) No action, event or condition which by any Applicable Law should operate to
discharge the Bank from liability hereunder shall have any effect and the
Bank hereby waives any right it may have to apply such law, so that in all
respects its liability hereunder shall be irrevocable and, except as stated
herein, unconditional in all respects.
(18) Capitalised terms not otherwise defined herein shall have their respective
meanings given such terms set forth in the Contract.
IN WITNESS WHEREOF the Bank, through its authorised officer, has set its hand
and stamp on this [insert] day of [insert] 2006.
(Signature)
[insert name of signatory]
[insert designation of signatory]
Witness
[insert]
[insert]
To,
Gujarat State Petronet Limited
[insert]
Owner and hereby issues in favour of the Owner this irrevocable and
unconditional work advance payment bank guarantee (hereinafter referred to
as the “Guarantee”) on behalf of the Contractor in the amount of US Dollars
[insert] (insert an amount equal to ten percent (10%) of the US Dollar
component of the Contract Price) and Indian Rupees [insert] (insert an
amount equal to ten percent (10%) of the Indian Rupee component of
Contract Price) (together the US Dollar component and the Indian Rupee
component being equal to ten percent (10%) of the Contract Price).
(2) The Bank for the purpose hereof unconditionally and irrevocably undertakes
to pay to the Owner without any demur, reservation, cavil, protest or recourse;
immediately on receipt of first written demand from the Owner, any sum or
sums (by way of one or more claims) not exceeding in the aggregate the
amount of US Dollars [insert] (insert an amount equal to ten percent (10%) of
the US Dollar component of the Contract Price) and Indian Rupees [insert]
(insert an amount equal to ten percent (10%) of the Indian Rupee component
of Contract Price) without the Owner needing to prove or to show to the Bank
grounds or reasons for such demand for the sum specified therein and
notwithstanding any dispute or difference between the Owner and the
Contractor in respect of the performance of the Contract or moneys payable
by Contractor to the Owner or any matter whatsoever related thereto.
(3) The Bank acknowledges that any such demand by the Owner of the amounts
payable by the Bank to the Owner shall be final, binding and conclusive
evidence in respect of the amounts payable by the Contractor to the Owner.
(4) The Bank hereby waives the necessity for the Owner from demanding the
aforesaid amount or any part thereof from the Contractor and also waives any
right that the Bank may have of first requiring the Owner to pursue its legal
remedies against the Contractor, before presenting any written demand to the
Bank for payment under this Guarantee.
(5) The Bank further unconditionally agrees with the Owner that the Owner shall
be at liberty, without the Bank’s consent and without affecting in any manner
the Bank’s obligation under this Guarantee, from time to time, to:
(i) vary and/or modify any of the terms and conditions of the Contract,
(ii) extend and/or postpone the time for performance of the obligations of
the Contractor under the Contract, or
(iii) forbear or enforce any of the rights exercisable by the Owner against
the Contractor under the terms and conditions of the Contract
and the Bank shall not be relieved from its liability by reason of any such act
or omission on the part of the Owner or any indulgence by the Owner to the
Contractor or other thing whatsoever which under the law relating to sureties
would, but for this provision, have the effect of relieving the Bank of its
obligations under this Guarantee.
(6) The Bank’s obligations under this Guarantee shall not be reduced by reason
of any partial performance of the Contract. The Bank’s obligations shall not
(15) The Bank has the power to issue this Guarantee in favour of the Owner. The
aggregate liability of the Bank under this Guarantee shall not under any
circumstance exceed US Dollars [insert] (insert an amount equal to ten
percent (10%) of the US Dollar component of the Contract Price) and Indian
Rupees [insert] (insert an amount equal to ten percent (10%) of the Indian
Rupee component of Contract Price).
(16) Notwithstanding anything contained herein, This Guarantee shall be valid up
to DD/MM/YYYY. A written claim or demand shall be served upon us on or
before the said date, after which This Guarantee shall become null and void.
(17) No action, event or condition which by any Applicable Law should operate to
discharge the Bank from liability hereunder shall have any effect and the
Bank hereby waives any right it may have to apply such law, so that in all
respects its liability hereunder shall be irrevocable and, except as stated
herein, unconditional in all respects.
(18) Capitalised terms not otherwise defined herein shall have the their respective
meanings given such terms set forth in the Contract.
IN WITNESS WHEREOF the Bank, through its authorised officer, has set its hand
and stamp on this [insert] day of [insert] 2006.
(Signature)
[insert name of signatory]
[insert designation of signatory]
Witness
[insert]
[insert]
F-12
EQUIPMENT MOBILIZATION BANK GUARANTEE
[Name of Contract]
AND WHEREAS, [insert] having its registered office at [insert] and a branch office at
[insert name of city in India] India, hereinafter referred to as the “Bank” (which
expression shall unless repugnant to the context or meaning thereof be deemed to
mean and include its successors), being a schedule bank in India and acceptable to
the Owner, has at the request of the Contractor agreed to issue this performance
bank guarantee in favour of the Owner.
and the Bank shall not be relieved from its liability by reason of any such act
or omission on the part of the Owner or any indulgence by the Owner to the
Contractor or other thing whatsoever which under the law relating to sureties
would, but for this provision, have the effect of relieving the Bank of its
obligations under this Guarantee.
(6) The Bank’s obligations under this Guarantee shall not be reduced by reason
of any partial performance of the Contract. The Bank’s obligations shall not
be reduced by any failure by Owner to timely pay or perform any of its
obligations under the Contract.
(7) Any payment made hereunder shall be made free and clear of and without
deduction for, or on account of, any present or future taxes, levies, imposts,
duties, charges, fees, commissions, deductions or withholdings of any nature
whatsoever and by whomever imposed; and where any withholding on a
payment is required by law, the Bank shall comply with such withholding
obligations and shall pay such additional amount in respect of such payment
such that Owner receives the full amount due hereunder as if no such
withholding had occurred.
(8) This Guarantee shall be a continuing bank guarantee and shall not be
discharged by the change in constitution of any member of the Contractor and
the Guarantee shall not be affected or discharged by the liquidation, winding
up, bankruptcy, reorganisation, dissolution or insolvency of any member of
the Contractor or any other circumstances whatsoever.
(9) This Guarantee shall be in addition to and not in substitution or in derogation
of any other security held by the Owner to secure the performance of the
obligations of the Contractor under the Contract.
(10) The Bank agrees that the Owner at its option shall be entitled to enforce this
Guarantee against the surety, as a principal debtor in the first instance
without proceeding at the first instance against the Contractor.
(11) Without prejudice to any continuing liability to perform obligations under this
Guarantee which have arisen prior thereto, the Bank shall be released from
any further obligations arising hereunder after [insert] (insert the date.).
(12) The Owner may assign this Guarantee to any person and in such case the
Owner shall inform the Bank in writing. This Guarantee shall not be assigned
or transferred by the Bank.
(13) All disputes arising under this Guarantee shall be referred to a tribunal
comprising three (3) arbitrators under the (Indian) Arbitration and Conciliation
Act, 1996. Each Party to the arbitration shall appoint one (1) arbitrator and
the two (2) arbitrators thus appointed shall choose the third arbitrator who will
act as a presiding arbitrator of the tribunal (together forming the “Arbitral
Tribunal”). The decision(s) of the Arbitral Tribunal, shall be final and binding
on the Parties. The venue of arbitration shall be [Ahmedabad]. This Clause
13 shall survive the termination or expiry of this Guarantee. The governing
law of the arbitration shall be the substantive laws of India.
(14) This Guarantee shall be construed and interpreted in accordance with and
governed by the laws of India, and subject to Clause (13) above the courts at
[Ahmedabad] shall have jurisdiction over all matters arising out of or relating
to this Guarantee.
(15) The Bank has the power to issue this Guarantee in favour of the Owner. The
aggregate liability of the Bank under this Guarantee shall not under any
circumstance exceed Indian Rupees [insert] (insert an amount equal to ten
percent (10%) of the Contract Price).
(16) Notwithstanding anything contained herein, this Guarantee shall be valid up
to one hundred and twenty days after the date of Operational Acceptance or
the expiry of the Defects Liability Period (including any extensions thereof,
written notice of which shall be provided to the Bank), whichever occurs later.
A written claim or demand shall be served upon us on or before the said date,
after which This Guarantee shall become null and void.
(17) No action, event or condition which by any Applicable Law should operate to
discharge the Bank from liability hereunder shall have any effect and the
Bank hereby waives any right it may have to apply such law, so that in all
respects its liability hereunder shall be irrevocable and, except as stated
herein, unconditional in all respects.
(18) Capitalised terms not otherwise defined herein shall have their respective
meanings given such terms set forth in the Contract.
IN WITNESS WHEREOF the Bank, through its authorised officer, has set its hand
and stamp on this [insert] day of [insert] 2006.
(Signature)
[insert name of signatory]
[insert designation of signatory]
Witness
[insert]
[insert]
Ref. No. Bank Guarantee No.
Dated:
F-13
I/ We certify that all the available input credits have been duly factored by me/us in
quoting the bid price.
(Signature of Bidder).
F-14
PERFORMA OF INDEMNITY BOND
AND WHEREAS
CONTRACTOR of the CONTRACT the said materials shall be under the custody and
charge of the CONTRACTOR and shall be kept, stored, altered, worked upon and/or
fabricated at the sole risk and expense of the CONTRACTOR.
iii) The mere statement of allegation made by or on behalf of GSPL in any notice
or demand or other writing addressed to the CONTRACTOR as to any of the said
material or item or part thereof having been lost , damaged, destroyed, misused or
misappropriated while in the custody of the CONTRACTOR and/or prior to completion
of the completed fabricated work(s) and delivery to job site thereof incorporating the
said materials shall be conclusive of the factum of the said material or item or part
thereof having been supplied to the CONTRACTOR and/or the loss, damage,
destruction, misuse or misappropriation thereof, as the case may be, while in the
custody of the CONTRACTOR and/or prior to the completion of the completed
fabricated work(s) and delivery to job site thereof incorporating the said materials
without necessity on the part of GSPL to produce any documentary proof or other
evidence whatsoever in support of this.
iv) The amount stated in any notice of demand addressed by GSPL to the
CONTRACTOR as to the value of such said materials lost, damaged, destroyed,
misused or misappropriated, inclusive relative to the costs and expenses incurred by
GSPL in connection therewith shall be conclusive of the value of such said materials
and the said cost and expenses as also of the amount liable to be paid to GSPL to
The undersigned has full power to execute this Indemnity Bond on behalf of the
CONTRACTOR under the Power of Attorney dated______.
Place:
Dated:
F-15
CERTIFICATE
Gujarat State Petronet Ltd,
GSPL Bhavan,
Sector 11, Gandhinagar-382011
Gujarat, INDIA
Dear Sir,
If we become a successful bidder and pursuant to the provisions of the bid documents award is given
to us for Laying of Pipe Lines in one or more sections, the following certificate shall be automatically
enforceable:
“We agree and acknowledge that the Employer is entering into the Contract solely on its own behalf
and not on behalf of any other person or entity. In particular, it is expressly understood and agreed
that the Government of India is not a party to the Contract and has no liabilities, obligations or rights
there under. It is expressly understood and agreed that the Employer is authorised to enter into
Contract, solely on its own behalf under the applicable laws of India. We expressly agree,
acknowledge and understand that the Employer is not an Authorised Representative, representative or
delegate of the Government of India. It is further understood and agreed that the Government of India
is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising
out of the Contract. Accordingly, we hereby expressly waive, release and forego any and all actions or
claims, including cross claims, VIP claims or counter claims against the Government of India arising
out of the Contract and covenants not to sue to Government of India as to any manner, claim, cause
of action or things whatsoever arising of or under the Contract.”
F-16
CHECK LIST
Bidders are requested to duly fill in the checklist. This checklist gives only certain important items to
facilitate the bidder to make sure that the necessary data/information as called for in the bid document
has been submitted by them along with their offer. This, however, does not relieve the bidder of his
responsibilities to make sure that his offer is otherwise complete in all respects.
1.0 Signing and stamping each sheet of offer, original bid document
including drawings, addendum (if any)
2.0 Confirm that the following details have been submitted in the Un-priced
part:
b) Bid Security
g) Time for Completion in the form of Bar Chart separately for each
spread quoted
j) Bidders Declaration that they are not under any liquidation court
receivership or similar proceedings.
3.0 Confirm that all forms are enclosed with the bid duly signed by
authorised persons
4.0 Confirm that the price bid has been duly filled in for each item,
signed and stamped on each page separately for each spread
quoted.
5.0 Confirm that proper page nos. have been given in sequential way
in all the documents submitted along with your offer with Index.
6.0 Confirm that any correction in the Un-priced part has been
initialled and stamped.
7.0 Confirm that any correction in the “Price Part” part has been
signed in full and stamped
F-17
Contractor HSE Agreement
As a contractor working for or on behalf of GSPL here by agree that any person
employed directly or indirectly by
___________________________________________________________________
___
Will comply with all of its approved and/or GSPL’s HSE Policies and standards while
performing work or services or supplying material or material on or at any of GSPL
facilities, location, or yards, and that all work performed by Contractors shall be
performed in a safe, environmentally sensitive manner. Contractor hereby
acknowledges its understanding that failure to do so may result in Contractor’s
Permanent Removal from GSPL’s approved vendor list.
Nothing in this Agreement shall act to amend or alter the GSPL Service Agreement
except as specifically noted below:
Any inconsistencies between this HSE Agreement and the GSPL Service
Agreement shall be construed in favour of this HSE Agreement.
Contractors must take all necessary precautions for the safety of all personnel at the
worksite. This includes ensuring that all Contractor personnel at worksite are being
appropriately trained in the job to be performed Contractor will comply with all GSPL
and local safety/environmental laws, rules, and regulations.
Contractors will provide necessary safety equipment for their employees and ensure
their subcontractors have all necessary equipment. Approved quality Hardhats,
Safety Glasses, and Steel-toed Safety Shoes are required on all GSPL locations.
Other equipment requirements such as hearing, respiratory, hand protection, etc.,
will be mandated by nature of operations carried out.
A safety belt/harness with a secured safety line must be worn whenever personnel
are subjected to a fall potential of 6 feet or more an not otherwise protected.
Contractors must provide sufficient fire fighting equipments and maintain the same
in good condition. They should take necessary steps to ensure that at least one
person is always present who is competent to use the fire fighting equipments.
Contractors must report all injuries and incidents (including property damages and
near misses) in a timely manner to the GSPL Supervisor or designated alternate, as
well as the appropriate authorities. Caution shall be taken to avoid spills and
releases. Appropriate measures will be taken to clean up any that do occur.
Contractors must provide first aid facilities on each construction site. They should
also ensure availability
No chemical may be brought on a GSPL location unless properly labeled and with
manufacturer’s Material Safety Data Sheets (MSDS). Contractor is required to brief
GSPL’s employee and other personnel at location regarding work practices and
personal protective equipment necessary to safely handle each chemical.
Approval must be obtained from the GSPL Supervisor or designated alternate prior
to operating valves or equipment except in a life-threatening situation.
Confined space entry work shall not be performed on a GSPL location without
complete review of applicable GSPL policies and standards with the GSPL
Supervisor, including completion of all GSPL certification requirements.
Any work affiliated with GSPL operations that require an open flame or results in a
spark must be approved and permitted by a Hot Work Permit.
and their employers. A copy of this documentation will be provided to the GSPL
Supervisor or designated alternate.
Contractors will strictly adhere to GSPL’s Waste Management Plans prepared for
wastes generated while on GSPL’s facility. If a waste is generated for which there is
no Plan, a GSPL Supervisor must be notified prior to disposal.
Between
And
________________
_______, 2006
BETWEEN
(1) [Name of Owner], a company incorporated under the laws of [country of Owner] and
having its principal place of business at [address of Owner] (hereinafter called “the Owner”,
which expression shall, unless repugnant to or inconsistent with the context, mean and
include any successors or permitted assigns), of the FIRST PART; and
(2) [insert], a company duly incorporated and existing under the laws of [insert], with its
head office at [insert], (hereinafter referred to as the “Consortium Leader”, which expression
shall, unless repugnant to or inconsistent with the context, mean and include any successors
or permitted assigns) of the SECOND PART; and
(3) [insert], a company duly incorporated and existing under the laws of [insert], with its
registered office at [insert] (hereinafter referred to as “Consortium Partner 2”, which
expression shall, unless repugnant to or inconsistent with the context, mean and include any
successors or permitted assigns) of the THIRD PART; and
(4) [insert], a company duly incorporated and existing under the laws of [insert], with its
registered office at [insert] (hereinafter referred to as “Consortium Partner 3”, which
expression shall, unless repugnant to or inconsistent with the context, mean and include any
successors or permitted assigns) of the FOURTH PART.
In this Contract Agreement, the parties of the SECOND, THIRD AND FOURTH PART
above are severally and jointly referred to as the “Contractor” and individually referred to as a
“Consortium Partner”. Additionally, the party of the FIRST PART and the Contractor are
individually referred to as a “Party” and collectively to as the “Parties”.
WHEREAS the Owner desires to engage the Contractor to design, manufacture, test, deliver,
install, complete and commission certain Facilities, as defined in the Conditions of Contract
forming part of this Contract, and the Contractor represents that it has the experiences and
capabilities to perform the Work necessary for the completion of the Facility in accordance
with the Contract.
WHEREAS, the Contractor has agreed to such engagement upon and subject to the terms and
conditions hereinafter appearing.
IN WITNESS WHEREOF the Owner and the Contractor have caused this Agreement to be
duly executed by their duly authorized representatives the day and year first above written.
[Signature]
[Title]
in the presence of
[Signature]
[Title]
in the presence of